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Author: 




New York (State) 



Title: 



Second report of the 



Factory. 



V. 





of 4 



Place: 



Albany 

Date: 

1913 



q4-6^i(p2-i 



MASTER NEGATIVE # 



COLUMBIA UNIVERSITY LIBRARIES 
PRESERVATION DIVISION 

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BUSINESS 

D262 
N4875 
2 
1913 



T 



New York {State) Factory investigating cammisfion. 

... Second report of the Factory investigating commission, 
1913 ... Transmitted to the Legislature January 15, 1918 
iwith testimony and proceedingSj Albany, J. B. Lyon com- 
pany, printers, 1913. 
V * 4<«. plates, plans, diaiprs (part fold.) forms (part fold.) 23 cm. 
( iLeglslature, 1918. Senate doc. 86| ) 
At head of title : State of New York. 
Robert F. Wagner, chairman. 

COIfTERTS. 

I. Report. Appendix i. list of bills submitted to the Legislature by 
the Commission. 

II. Appendices: n. Report of direction of Investigation, G. M. 
Price.— m. The Are hazard, by J. P. Whlskeman.— if. Report on manu- 

(Continued on next card) 

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n4875 
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1913 



New York (State) Factory investigating commission. 

Second report of the Factory investigating commission ... 
1913. (Card 2) 

OowTENTS — Ck)ntlnued. 

facturlne In tenements in New York state, by Elizabeth C Watson.— 
TlnJus^ti^al conditions in the canning in^^l^y «' ^/^ JjlJ^ /^,^* 
by Z L. Potter.— VI. Report on wood alcohol, by C. BaskervlUe.— vii. 
Report on commercial acids, by C. F. McKenna^viii. RePort on le^ 
and arsenical poisoning, by C. T. O. Rogers and J H. Vogt^ix. Pr^ 
llmlnary report on employment of women and chUdren in mercantile 
establishments, by Pauline Goldmark and G. A. HaU.— x. Briefs and 

memoranda. 
_Ui«av,-Testimony and proceedings^ 



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Second report of the Factory investiaatina... (V. 2) 



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STATE OF NEW YORK 



SECOND REPORT 



THE LIBRARIES 




SCHOOL OF BUSINESS 



OF THE 



Factory Investigating Commission 



1913 



VOLUME I 



TRANSMITTED TO THE LEGISLATURE JANUARY 15. 



1913 



ALBANY 
J- Br («YpN pCWPANY. PRINTERS 
1913 




,ff3 






LO 



State of New York 



No. 36 



IN SENATE 



Januaey 15, 1913 



SECOND REPORT 



OF THE 



New York State Factory Investigating Commission 



January 15. 1913 



1 > • 






• • • 



. . ■ • 



• • ■ 

. 1 < 



« * I 



t • 



ABRAM I. ELKUS 

Chief Counsel 

BERNARD L. SHIENTAG 

Assistant Counsel 



ROBERT F. WAGNER 

Chairman 

ALFRED E. SMITH 

Vice-Chairman 

CHARLES M. HAMILTON 
EDWARD D. JACKSON 
CYRUS W. PHILUPS 
SIMON BRENTANO 
ROBERT E. DOWUNG 
MARY E. DREIER 
SAMUEL GOMPERS 

FRANK A. TIERNEY 

Secretary 



CONTENTS OF THE REPORT * 



VOLUME I 

Its Creation, Orcvnizatiox, and Genebai 



PAGE. 

11-25 



26-52 



The Commission, 

WOBK 

Creation and Membership— Authority and Scope— Organization— 
VVork in 1911— Work Since ^larch, 1912— Investigations— Pub- 
lic Hearings— Executive Sessions— Isr,uance of Tentative Bills- 
Special Hearings— Assistance Rendered— Policy of Commission 
— Summary of Contents. 

The Labor Law and its Administration 

Importance of Labor Department— Inadequacy of Factory In- 
spection- Present Labor Law— Proposals of Change-Creation 
of an Industrial Board— Proposed Reorganization of Depart- 
ment of lAbor— Miscellaneous Recommendation*— Summary of 
Report. 

The Fire Problem 

Extent of Fire Losses— Scope of Investigation— The Fire Problem 
in New York City— In Other Cities^Recommendations— Fire 
Drills— Automatic Sprinklersr—Fi re-Escapes and Exit^^Re- 
quirements for Existing Buildings— For New Buildings— 
Posting— Filing of Plans— Detailed Specifications. 

Manutactubing in Tenements 9C-i*»^ 

Previous Legislation on Homework— Sources of Information- 
Industries in Which Homework is found— Sanitary Conditions 
—Carelessness of Manufacturers— Child Labor— Unrestricted 
Hours of Labor for Women— Earnings— Economic Status of 
Homeworkers* Families— Remedies Variously Advocated— Con- 
clusion. 



63-89 



♦.*♦?* n*""^r?' ?^ ^"«<'°y t*k«« by the Commission and the following appendices 
to the Commission's report will be contained In subsequent volumes. 

Appendix it — Report of the Director of Investigation, by Dr. George M. Price. 

Appendix ill — The Fire Problem, by James P. Whiskeman, C. B. 

Appendix IV — Manufacturing in Tenement Houses, by Elizabeth C. Watson. 

Appendix V — Conditions in Canneries, by Zenas L. Potter. 

Appbnddc VI — Wood Alcohol, by Prof. Charles Baskerville. 

Appendix VII — Commercial Acids, by Dr. Chas. F. McKenna. 

appendix VIII - Lead Poisoning, by Dr. C. T. Graham Rogers and John H. Vogt. 

Appendix IX — Report on the Employment of Women and Children In Mercantile 

Establishments, by Pauline Goldmark and Geo. A. Hall. 
Appendix X— Briefs and Memoranda submitted to the Commission. 



6 



Contents of the Eepobt. 



PAOE. 

The Cannebies 124-175 

Canneries Exempted from Factory Law — Extent of Industry — In- 
vestigation of Commission — Child Labor — Summary of Con- 
clusions — Laws in Other States — Recommendations — Women's 
Work in Canneries — Conditions of Labor — ^Varieties of Work — 
Essentially Factory Work — Hours of Labor — Overtime Work, 
Its Cause and Necessity — Summary of Conclusions — Summary 
of Report — ^Recommendations. 

Child Labob 176-192 

Extent of Employment of Children — The Present Law — The 
Physical Requirement — ^The Educatiomil Requirement — Em- 
ployment Certificates — Physical Examination — Occupations 
Dangerous to Health and Safety — Jurisdiction for Violation 
of Law — Enforcement of Law — Continuation Schools — Recom- 
mendations. 



Night Work of Women in Factories 193-215 

Danger to Health from Night Work and Late Overtime, Evening 
Work — Danger to Morals — Law Proposed — Its Constitutionality 
— ^Need of Legal Closing and Opening Hours — Summary — 
Women's Work in General — ^Time Book — ^Hours of Labor. 

Bakeries 216-226 

Investigation — General Conditions — Extent of Industry — Present 
Jurisdiction Over Bakeries — ^Proposed Change — Sanitary Certifi- 
cate — Physical Examination of Bakers — Cellar Bakeries — Pro- 
posed Prohibitions — Additional Minimum Requirements — 
Sanitary Code — Summary of Report. 

General Sanitary Conditions 227-234 

Investigation of Commission — General Results — Unclean Work- 
rooms — Light and Illumination — ^Ventilation — ^Washing Facili- 
tiesr— Water-Closet Accommodations — ^Dressing Rooms. 

Accident Prevention 235-243 

Number of Accidents in Various Industries — Changes Proposed in 
Existing Law — Lighting — Industrial Board to Make Regula- 
tions — Elevators — Enforcement of Law — Education of Ein- 
ployer and Employee — Workmen's Compensation Law. 

Dangerous Trades 244-254 

Investigation of Commission — The Chemical Industry — Com- 
mercial Acids — ^Accidents — Lead Poisoning, Wood Alcohol — 
Recommendations. 



Contents of the Report. 



page. 

Foundries and Employment of Women in Core Rooms 255-263 

Foundriesr— Heating and Prevention of Drafts— Proper Ventilation 
— ^Measures to Prevent Accidents — Washing Facilities— Sanitary 
Provisions — ^Milling and Cleaning of Castings— Employment of 
Women in Core Rooms — Foundry No Place for Women — Recom- 
mendatioQA. 



Employment op Women and Children in Mercantile Estab- 
lishments 264-290 

Number of Stores — Conditions and Hours of Work — Wages — 
Five and Ten-Cent Stores— The Department Stores— Summary 
of Report — ^The Mercantile Law. 

Miscellaneous , £90 

Conclusion 290 




Contents of the Repoet. 



APPENDIX I 



9 



PAGE. 

Bills Submitted to the Legislattjbe 298-395 

Reorganization of Labor Department; Industrial Board 298 

Penalties for violation of Labor Law and Industrial Code 321 

Fireproof receptacles; gaa jets; smoking 322 

Fire-alarm signal systems and fire drills 323 

Automatic Sprinklers 325 

Fire-escapes and exits; limitation of number of occupants; con- 
struction of future factory buildings 327 

Amendment to Greater New York charter (Fire Prevention Law) !.*. 343 
Prohibition of employment of children under fourteen in cannery 
aflieds or tenement houses; definition of factory building; definition 

of tenement house oak 

Manufacturing in tenements 343 

Hours of labor of women in canneries 355 

Housing conditions in labor camps maintained in connection with 
a factory 353 

Physical examination of children employed in factories 359 

Amendments to child labor law; physical examination before issuance 

of employment certificate; school record; supervision over issuance 

of employment certificates ^qq 

Amendment to compulsory education law; school record 365 

Night work of women in factories jgg 

Seats for women in factories 3^^ 

Bakeries „«, 

oo7 

Cleanliness of workrooms 074 

Cleanliness of factory buildings 37c 

Ventilation ; general ; special 373 

Washing facilities; dressing rooms; water closets 373 

Accident prevention; lighting of factories and workrooms 382 

Elevators 3gg 

Dangerous trades qqu 

Foundries ggg 

Employment of children in dangerous occupations; employment of 
women in core rooms 301 

Labeling of containers of wood alcohol 393 

Extension of jurisdiction of commission 394 



!f 



REPORT 



OF THE 



NEW YORK STATE FACTORY INVESTIGATING 

COMMISSION 



To the Legislature of the State of New York: 

The Commission appointed pursuant to chapter 561 of the 
laws of 1911 and to chapter 21 of the laws of 1912, to inquire into 
the conditions under which manufacturing is carried on through- 
out the state and to investigate the conditions of labor in mercan- 
tile establishments generally, hereby submits the following 
report. 

The Ceeatio:?^ of the Commmission 

This Commission owes its creation to the demand of the people 
for an investigation of the conditions of labor in the factories of 
the state. The public had been profoundly shocked by the fire 
occurring in New York City on March 25, 1911, in the factory 
of the Triangle Waist Company, in which 145 employees, chiefly 
women and children, lost their lives. The conviction was wide- 
spread that so appalling a disaster must have been due to condi- 
tions resulting from neglect. In full conformity, therefore, with 
public sentiment, the legislature of the state of New York resolv- 
ing to leave nothing undone to protect the lives of the men, women, 
and children working within its bounds, enacted chapter 561 of 
the laws of 1911 creating the New York State Factory Investi- 
gating Commission. 

Pursuant to this chapter the following commission was 
appointed : 

From the Senate : 

Robert F. Wagner 
Charles M. Hamilton. 



12 



Eeport of Commission. 



From the Assembly: 

Alfred E. Smith 

Edward D. Jackson 

Cyrus W. Phillips. 
By the Governor: 

Simon Brentano 

Robert E. Dowling 

Mary E. Dreier 

Samuel Gompers. 

The Authority and Scope of the Commission 
The Commission was authorized by the legislature to inquire 
into the conditions under which manufacturing was conducted. 
Its authority was to include the investigation of matters affecting 
the health and safety of the operatives and the security of the 
public, to the end that remedial legislation might be enacted to 
protect from danger to life and health, all workers in existing or 
future structures used or to be used for manufacturing purposes. 
It was further empowered to compel the attendance of witnesses, 
the production of books and papers, and to appoint counsel, secre- 
tary, stenographers and necessary assistants. In general it was 
to have the regular powers of a legislative committee. The mem- 
bers of the Commission were to receive no compensation for their 
services, but were to be reimbursed for necessary expenses. 

The scope of the investigation, as outlined in the act creating 
the Commission, was properly very broad ; for a fire, such as led 
immediately to the creation of the Commission, is fortunately of 
rare occurrence. On the other hand, industrial accidents, poison- 
ings, and diseases maim or disable in the state and nation tens 
of thousands every year. Insufficient ventilation, bad sanitation, 
and long hours of labor also work their deadly effects. Consider- 
ation of these and other constant menaces to the safety and health 
of industrial workers determined the Commission not to limit 
itself merely to the study of the fire hazard in factory buildings, 
but to extend its activities to various other phases of factory life, 
such as the employment of women and children, sanitation, acci- 
dent prevention and industrial poisoning and diseases. The labor 
of the Commission, in brief, was to be devoted to a consideration 
of measures for the conservation of human life. 



Report of Commission. 
Oboanization of the Commission 



13 



The Commission was organized on the 17th day of August, 
1911, by the election of Senator Robert F. Wagner, as Chairman, 
and Hon. Alfred E. Smith, Vice-Chairman. Frank A. Tierney 
was selected as Secretary. The Commission appointed Abram 
I. Elkus, Chief Counsel, and Bernard L. Shientag, Assistant 
Counsel. 

WoEK of Commission in 1911 

The Commission retained Dr. George M. Price as its expert 
in general charge of the work of inspection and sanitation. Dr. 
Price immediately organized a corps of inspectors for this pur- 
pose. The Commission also retained Mr. H. F. J. Porter as 
advisory expert on the fire problem. 

The Commission held public hearings and executive sessions 
in New York City and in all other cities of the first and second 
class in the state, and conducted the following investigations : 

1. General sanitary investigation of factories in cities of the 
first and second class. 

2. Fire-hazard in factories. 

3. Conditions in bakeries and physical examination of bakers 
employed therein. 

4. Lead poisoning and arsenical poisoning. 

5. Women's trades. 

6. An industrial survey of a selected area in New York City. 

7. Preliminary investigation of child labor in tenement houses. 

The results of all these investigations are fully set forth in 
the Commission's preliminary report. This report together with 
the minutes of the public hearings and the bills recommended 
by the Commission were submitted to the legislature on March 
Ist, 1912. The following bills recommended by the Commission 
were passed by the legislature and have become laws: 

Labor Law. 

1. Registration of factories ge^^ gg 

2. Physical examination of children before employ- 

ment certificate is issued gee. 7i 



12 



Report of Commission. 



From the Assembly: 

Alfred E. Smith 

Edward D. Jackson 

Cyrus W. Phillips. 
By the Governor: 

Simon Brentano 

Robert E. Dowling 

Mary E. Dreier 

Samuel Gompers. 

The AuTiroKiTY and Scope of the Commission 

The Commission was authorized by the legislature to inquire 
into the conditions under which manufacturing was conducted. 
Its authority was to include the investigation of matters affecting 
the health and safety of the operatives and the security of the 
public, to the end that remedial legislation might be enacted to 
protect from danger to life and health, all workers in existing or 
future structures used or to be used for manufacturing purposes. 
It was further empowered to compel the attendance of witnesses, 
the production of books and papers, and to appoint counsel, secre- 
tary, stenographers and necessary assistants. In general it was 
to have the regular powers of a legislative committee. The mem- 
bers of the Commission were to receive no compensation for their 
services, but were to be reimbursed for necessary expenses. 

The scope of the investigation, as outlined in the act creating 
the Commission, was properly very broad ; for a fire, such as led 
immediately to the creation of the Commission, is fortunately of 
rare occurrence. On the other hand, industrial accidents, poison- 
ings, and diseases maim or disable in the state and nation tens 
of thousands every year. Insufficient ventilation, bad sanitation, 
and long hours of labor also work their deadly effects. Consider- 
ation of these and other constant menaces to the safety and health 
of industrial workers determined the Commission not to limit 
itself merely to the study of the fire hazard in factory buildings, 
but to extend its activities to various other phases of factory life, 
such as the employment of women and children, sanitation, acci- 
dent prevention and industrial poisoning and diseases. The labor 
of the Commission, in brief, was to be devoted to a consideration 
of measures for the conservation of human life. 



Repoet of Commission. 
Oeoanization of the Commission 



13 



The Commission was organized on the iTth day of August, 
1911, by the election of Senator Robert F. Wagner, as Chairman, 
and Hon. Alfred E. Smith, Vice-Chairman. Frank A. Tiernev 
was selected as Secretary. The Commission appointed Abram 
I. Elkus, Chief Counsel, and Bernard L. Shientag, Assistant 
Counsel. 

Work of Commission in 1911 

The Commission retained Dr. George M. Price as its expert 
in general charge of the work of inspection and sanitation. Dr. 
Price immediately organized a corps of inspectors for this pur- 
pose. The Commission also retained Mr. H. F. J. Porter as 
advisory expert on the fire problem. 

The Commission held public hearings and executive sessions 
in New York City and in all other cities of the first and second 
class in the state, and conducted the following investigations : 

1. General sanitary investigation of factories in cities of the 
first and second class. 

2. Fire-hazard in factories. 

3. Conditions in bakeries and physical examination of bakers 
employed therein. 

4. Lead poisoning and arsenical poisoning. 

5. Women's trades. 

6. An industrial survey of a selected area in New York City. 

7. Preliminary investigation of child labor in tenement houses. 

The results of all these investigations are fully set forth in 
the Commission's preliminary report. This report together with 
the minutes of the public hearings and the bills recommended 
by the Commission were submitted to the legislature on March 
1st, 1912. The following bills recommended by the Commission 
were passed by the legislature and have become laws: 

Labor Law. 

1. Registration of factories Sec. 69 

2. Physical examination of children before employ- 

ment certificate is issued Sec. 71 



14 Kepokt of Commission. 

3. Fire drills Sec. 83a 

4. Automatic sprinklers Sec. 83b 

5. Fire prevention ; removal of rubbish ; fireproof recep- 

tacles for waste material ; protection of gas jets ; 
prohibition of smoking in factories Sec. 83c 

6. Prohibition of the eating of lunch in rooms where 

poisonous substances are prepared or generated 
in the process of manufacture ; adequate hot and 
cold washing facilities for such establishments. . Sec. 89a 

7. Employment prohibited of women within four 

weeks after child-birth Sec. 93a 

8. Summary power of Commissioner of Labor over 

unclean and unsanitary factories Sec. 95 

On March 6th, 1912, chapter 21 of the laws of 1912 was 
passed extending the time of the Commission within which it 
might continue its investigations and submit its complete report, 
to January 15, 1913. This act extended the jurisdiction of the 
Commission to cities throughout the state and also empowered 
the Commission to investigate general conditions in mercantile 
establishments. 

Work of the Commission since Makch 6th, 1912 
After March, 1912, the Commission continued its investiga- 
tions with the organization previously mentioned; except that 
James P. Whiskeman, C. E., was retained as advisory expert on 
the fire problem, and in December, 1912, Mr. Laurence Arnold 
Tanzer, and Mr. Clarence King of the Legislative Bill-Drafting 
Bureau of Columbia University, were retained to assist in the 
drafting of bills to be submitted to the Legislature. 

In 1912 the Commission conducted the following investiga- 
tions : 

INVESTIGATIONS 
1. General Sanitary Investigation 
This investigation w^hich was commenced in 1911 was con- 
tinued in 1912 under the direction of Dr. Price with a staff of 
six field inspectors, who were assisted from time to time by spe- 
cial investigators and experts. 



Report of Commission. 



15 



The investigation of 1911 covered 1,836 industrial establish- 
ments in which 63,374 wage earners were employed, and included 
9 cities of the state. 

The investigation of 1912 covered 1,338 industrial establish- 
ments in which 125,961 wage earners were employed, and 
included 45 cities of the state. The entire number of establish- 
ments covered by the general sanitary investigations for 1911 and 
1912 was 3,176 in which 189,335 wage earners were employed. 
These do not include some 400 establishments that were inspected 
in Rochester in December, 1912, and numerous establishments 
inspected by experts whom the Commission had retained to 
examine different phases of the chemical industry in this state. 

The general sanitary investigation covered such matters as the 
location and construction of factories, their light and illumina- 
tion, heating and ventilation, water supply and washing service, 
toilet accommodations, dressing and lunch rooms, and general 
cleanliness. 

The results of this investigation will be found in the report of 
the director of investigation in Appendix II, chapters 1 and 2. 

2. The Fire Problem 

This investigation was conducted under the direction of James 
P. Whiskeman, C. E., under whose supervision several hundred 
factories in New York City and other cities of the state were 
inspected. Mr. Whiskeman's report will be found in Appen- 
dix III. ^^ 

8. Manufacturing In Tenement Houses 

This investigation was conducted under the direction of Miss 
Elizabeth C. Watson, who was assisted by a force of eleven field 
inspectors. It covered conditions under which manufacturing 
was carried on in tenement houses in New York City, and in 
fifteen other cities of the state. The investigation embraced the 
employment of women and children in their homes, sanitary con- 
ditions under which they worked, and wages. 

Miss Watson's report is set forth in Appendix IV. 

4. Conditions In the Canneries 

This investigation was conducted under the supervision of 
Zenas L. Potter, with the assistance of nine investigators, several 



16 



Report of Commission. 



of whom found employment in the canneries in order to observe 
working conditions at first hand. The investigation was a com- 
prehensive one and included practically every cannery in the 
state. It covered the employment of women and children in the 
canneries and cannery sheds, their hours of labor, the sanitary 
conditions in the canneries, and the housing conditions of the 
employees. Mr. Potter's report will be found in Appendix V. 

5. Night Work of Women 

This investigation was made by Miss G. Potter and Miss G. E. 
Smith, who obtained the personal histories of 100 night workers 
in a large industrial establishment in the central part of the 
state where there was a regular night shift of women. The results 
of this investigation are set forth in detail in Appendix II, 
chapter 3. 

6. The Tobacco Industry 

This investigation covered 251 establishments consisting of 472 
separate shops in which 15,594 persons were employed. In con- 
nection with this investigation a physical examination was made 
by Dr. Fanny Dembo of 600 women workers in the various 
tobacco factories. This is the first medical examination that has 
ever been made of so large a number of women workers in fac- 
tories. The results of the sanitary investigation and physical 
examination of the workers are set forth in Appendix II, chap- 
ter 5. 

7. The Printing Industry 

This investigation covered 348 separate printing places in which 
9,047 persons, of whom 14.7% were women, were found employed. 
The printing establishments inspected were distributed in a num- 
ber of cities, although the majority were in New York City. The 
results of this investigation are set forth in Appendix II, chap- 
ter 6. 

8. Investigation of Dangerous Trades 

The Chemical Industry 

Under the supervision of Dr. Price, 142 chemical establish- 
ments were inspected. The results of this investigation are set 
forth in Appendix II, chapter 4. 



Report of Commission. 



17 



Wood Alcohol 

An important study was made by the Commission of wood 
alcohol or methyl and its effect on workers. This investigation 
was made under the supervision of Charles Baskerville, Ph. D., 
F. C. S., Professor of Chemistry and director of the laboratory 
of The College of the City of New York, with several assistants. 
Prof. Baskerville's services were gratuitous and the Commission 
takes this opportunity to express its appreciation of the valuable 
contribution he has made to the report. Prof. Baskerville's 
report will be found in Appendix VI. 

Commercial Acids 

Dr. Charles F. McKenna was retained as chemical expert by 
the Commission to make an intensive study of the manufacture 
and use of various commercial acids and their effects upon those 
employed to manufacture them or to use them in manufacturing 
processes. Dr. McKenna's report on " The Dangers to Workers 
in the Manufacture and Use of Commercial Acids," will be found 
in Appendix VII. 

Lead Poisoning 

In 1911 a study of lead poisoning in ]^ew York City was made 
for the Commission by Dr. E. E. Pratt, whose findings appear 
in the Commission's preliminary report. In 1912 an additional 
investigation of a large number of lead works and establishments 
in other cities of the state where lead is used in the process of 
manufacture was made by C. T. Graham-Rogers, M. D., medical 
inspector of the state department of labor with the assistance of 
John H. Vogt, B. S., a factory inspector, who were assigned to 
the Commission through the courtesy of the Commissioner of 
Labor. Dr. Rogers' report will be found in Appendix VIII. 

Miscellaneous Reports 

A number of miscellaneous investigations and studies relating 
to dangerous trades were made for the Commission as follows : 

^- — Report of the inspection of establishments producing, 
refining, or using wood alcohol, by Frederick E. Breithut, Sc. D., 
of The College of the City of New York. 

2 



18 



Report of Commission. 



B. — Tables compiled by Jacob Feldbaiim, B. S., showing the 
accidents and dangers in the chemical industries in New York 
State as compared with those of various European countries. 

C. — Detailed description of forty accidents occurring in chem- 
ical establishments at Niagara Falls, by Miss G. Potter. 

D. — Histories of 31 cases of lead poisoning traced to chemical 
establishments in Niagara Falls, by Miss G. E. Smith. 

E. — Personal histories of 132 chemical workers in plants at 
Niagara Falls, by Marie S. Orenstein, M. A., of the state depart- 
ment of labor. 

F. — Diseases of the ear and upper respiratory tract among 
workers in factories, by Otto Glogau, M. D. This report embraced 
the physical examination of 155 employees in six factories in 
the ostrich feather, fur, and cordage industries. The services of 
Dr. Glogau were rendered without compensation and the Com- 
mission desires to express its thanks to him for his valuable assist- 
ance and co-operation. 

The foregoing reports will be found in Appendix II, chapter 7. 

9. Mercantile Investigation 

A preliminary investigation of department stores extending 
over a period of two months, was made by the Commission. The 
conditions of employment particularly of women and children 
were studied in 216 establishments in New York, Buffalo, and 
Rochester, and in six cities of the second class. Attention was 
directed especially to hours of labor, physical conditions, and 
wages. The investigation was conducted under the supervision 
of Pauline Goldmark and George A. Hall. Five investigators 
were engaged for the field work. The report will be found in 
Appendix IX. 

The Commission desires to express its appreciation of the faith- 
ful, conscientious, and able services rendered by all those in 
charge of the various investigations, and by their assistants. 

Public Hearings 

In 1912 the Commission held 30 public hearings in the cities 
of New York, Buffalo, Rochester, Syracuse, Utica, Troy, Albany, 



Report of Commission. 



19 



fl 



Yonkers, and Niagara Falls. At these hearings 259 witnesses 
were examined and 3,557 pages of testimony were taken. 

Hearings in Connection with Inspections of Factories 

On General Factory Conditions 

The Commission decided that it was advisable to make personal 
inspections of a number of factories throughout the state for the 
purpose of observing the working conditions at first hand. Accord- 
ingly, about fifty factories in all were inspected by the Commis- 
sion in the cities previously mentioned and also in Little Falls 
and Auburn. In many cases the testimony of the manufacturers 
and of the employees was taken in the course of these inspections. 

On Conditions in Canneries 

The members of the Commission devoted a week in August to 
a personal inspection of the canneries of the State. In all, six 
canneries, in the cities of Rome, Canastota, Auburn, Geneva, 
Albion and Batavia were inspected officially by the members of 
the Commission. They went from cannery to cannery and took 
the testimony of the canners, the superintendents, and foremen, 
and of the women and children found there at work. 

Executive Sessions 

In addition to the many executive sessions of the Commission, 
which had been called to determine its organization, the investi- 
gations to be conducted, and the recommendations for remedial 
legislation, the Commission also held the following executive ses- 
sions for employees who wished to appear and to testify to the 
conditions under which they worked : 

1. Executive session for foundry workers, held in Albany. 

2. Executive session for employees in department stores, held 
in New York City. 

3. Executive session for those affected by lead poisoning in 
factories in Niagara Falls, held at Niagara Falls. 

Issuance of Tentative Bills 

The Commission followed the procedure of issuing early in 
the fall, in the form of proposed bills, the most important recom- 



20 



Report of Commission. 



Repoet of Commission. 



21 



mendations that had been received for remedial legislation. These 
tentative bills embodied recommendations, none of which had been 
formally passed upon by the Commission. In fact certain mem- 
bers of the Commission had expressed individually their disap- 
proval of the enactment of some of them. The Commission, 
however, believed that all those who were interested in its work 
or who would be affected by the legislation suggested, were entitled 
to know precisely the recommendations which had been received 
from various sources and were then under consideration. This 
method has proved very successful. About thirty tentative bills, 
dealing with different phases of the Commission's work, were 
sent to several thousand persons throughout the state. As a result, 
suggestions and criticisms were received from all of the various 
interests. Associations of employers and of employees, scientific 
societies and social organizations formed committees to consider 
the proposed bills. From many of these were received briefs and 
memoranda. Beyond doubt the issuance of these tentative bills 
created great interest in the work of the Commission and gave 
to it the benefit of the wisdom and experience of very many 
employers, employees, social workers, and experts throughout the 
state. The bills proposed were discussed in general at the public 
hearings referred to above. The following public hearings wore 
also held to discuss in particular the proposed bills dealing with 
special subjects. 



Special Hearings on Tentative Bills 



1912 



November 25, in Albany, the foundry bill and the employment of 

women in core rooms. 
November 26, in Albany, cannery legislation. 
December 2nd, in New York City, the reorganization of the 

labor department. 
December 3rd, in New York City, bakeries. 
December 4th, in New York City, the fire problem. 
December 5th, in New York City, home work in tenement houses. 
December 6th, in New York City, the employment of women and 

children. 



Appreciation of Assistance Rendered to the Commission 

The Commission owes much of what it has been able to accom- 
plish to the active assistance and co-operation received throughout 
its work from numerous civic and social organizations and from 
many public-spirited men and women who have given it their 
encouragement and support and placed at its disposal their time, 
knowledge, and experience. 

In particular we desire to express to the Hon. John Williams, 
Commissioner of Labor of the State of New York, our apprecia- 
tion of his assistance and counsel, and of his courtesy in assign- 
ing to the Commission inspectors from his department who aided 
us very materially in our investigations. 

We also gratefully acknowledge our indebtedness to the 
National Child Labor Committee, the New York Child Labor 
Committee and the Consumers' League for their assistance and 
co-operation in connection with the cannery and homework investi- 
gations conducted by the Commission and to the Legislative Bill 
Drafting Bureau of Columbia University for its assistance in the 
drafting of bills. 

We thank especially Miss Pauline Goldmark not only for her 
able assistance in the mercantile investigation but also for her 
advice and counsel on all matters connected with the work of the 
Commission. 

We take this opportunity to express our thanks and apprecia- 
tion also to the following men and women who have very gener- 
ously assisted the Commission in its work: 

Mr. George W. Alger, Dr. E. M. Alger, Mr. Eugene S. Benja- 
min, Mr. Reginald Pelham Bolton, Mr. Peter J. Brady, 'Mr. 
Frank T. Chapman, Mr. Frank K. Chew, Mr. Julius Henrv 
Cohen, Dr. Thomas Darlington, Mr. John A. Fitch, Mr. Thomas 
D. Fitzgerald, Miss Josephine Groldmark, Mr. George A. Hall, 
Mr. Leonard W. Hatch, Mr. Frank P. Hill, Dr. H. E. Ives, Mrs. 
Florence Kelley, Mr. Paul U. Kellogg, Mr. Paul Kennaday, Mr. 
D. D. Kimball, Dr. S. Adolphus Knopf, Mr. C. L. Law, Mr. 
Walter Lindner, Prof. Samuel McCune Lindsay, Mr. Owen R. 
Lovejoy, Hon. Alexander C. MacNulty, Mr. W. W. Macon, Mr. 
Louis B. Marks, Mr. F. J. Millar, Mr. V. Everit Macy, Mr. 
John Martin, Mr. Henry Morgenthau, Mr. D. W. O'Connor, Mr. 



i| 



22 



Repokt of Commission. 



Thomas I. Parkinson, Miss Frances Perkins, Mr. Allan Eobinson, 
Mr. I. M. Rubinow, Prof. Henry R. Seager, Prof. Vladimir 
Simkhovitcli, Mr. C. H. Stickney, Dr. W. H. Tolman, Mr. F. S. 
Tomlin, Miss Mary Van Kleeck, Mr. Lawrence Veiller, Mr. 
Oswald G. Villard, Miss Lillian D. Wald, Mr. A. F. Weber, Mr. 
Mornay Williams, Prof. Charles E. A. Winslow. 

We also warmly thank the scores of others who assisted us with 
their views and suggestions at public hearings and at private 

conferences. 

Policy of the Commission 

The Commission has endeavored to be fair and just in its 
investigations and in its findings. In no case has the inquiry 
been partial. We have given to everyone interested an opportu- 
nity to appear at public hearings and at private conferences. 
Notice of our public hearings was given weeks in advance and 
they were all largely attended. 

At the hearing, for instance, on cannery legislation there were 
more than twenty canners present accompanied by counsel. At 
the hearing on the foundry bill twenty-five foundry owners of this 
state and the representatives of the Molders' Unions appeared. 
At the hearing on bakery legislation the master bakers of the 
state and of New York City, representatives of bakers' unions, 
and health officials were present. At every public hearing, in 
short, we endeavored to have all sides represented, and to receive 
the views and suggestions of all divergent interests. 

We permitted the cross-examination of our own inspectors and 
investigators by parties in interest and by their counsel,— a most 
novel procedure for an investigating commission. We allowed 
parties in interest to call witnesses and to have their own counsel 

examine them. 

At no time have we lost sight of the fact that we were an 
investigating commission, not a prosecuting or persecuting com- 
mission. As in our investigations, so in the recommendations 
that we are submitting, we have endeavored to do what was fail? 
and reasonable to all concerned — the manufacturer, the em- 
ployee, and the public whose representatives we are. 

A series of bills that embody our recommendations are set forth 
in Appendix I. In the drafting of these bills we have had the 
advice and assistance of a number of experts. 



Report of Commission. 



23 



• • I 



y I 



The question has been raised repeatedly: What effect will 
new laws for the improvement of conditions of working people 
have on the industries of the state? The Commission believes 
that nothing should be done to injure any industry. We believe 
that our industries should be not only unhampered, but even aided 
and assisted in their growth and development so that they may 
be able to afford better and more remunerative employment to 
the people; but we believe just as firmly that no reasonable 
requirement for the health and safety of the workers will injure 
any industry. Enlightened manufacturers have appeared before 
the Commission in different cities of the state and asserted that 
an improvement in working conditions means an increase in effi- 
ciency and pays from the standpoint of dollars and cents. 
Whether this be true or not, we believe that human life is sacred 
and must be placed above monetary considerations. The broad 
aim of government is the happiness and well being of the gov- 
erned. No government is properly performing its functions when 
it permits the working people within its bounds to be employed 
under unsanitary conditions, when it fails to protect them from 
preventable disease and accident, when it permits the premature 
employment of young children, and the excessive toil of women. 
Short sighted indeed is the policy of any state that permits the 
waste of its human assets. 

The Hon. William Sulzer, Grovemor of the state, in his mes- 
sage to the legislature on January Ist, 1913, said: 

" If Americans would excel other nations in commerce, in man- 
ufacture, in science, in intellectual growth, and in all other 
humane attainments, we must first possess a people physically, 
mentally, and morally fit and sound. Any achievement that is 
purchased by the continual sacrifice of human life does not advance 
our material resources but detracts from the wealth of the state. 
We must now convince employers that any industry that saps the 
vitality and destroys the initiative of the workers is detrimental 
to the best interests of the state and menaces the general welfare 
of the government." 

It is in the light of these principles that this report is submitted. 



\ 



Repoet of Commission. 



25 



CONTENTS OF THE REPORT 

1. The Labor Law and Its Administration 

2. The Fire Problem 

3. Manufacturing in Tenements 

4. The Canneries 

5. Child Labor 

6. Night Work of Women in Factories and Women's Work 
Generally 

7. The Bakeries 

8. General Sanitary Conditions 

9. Accident Prevention 

10. Dangerous Trades and Industrial Poisoning 

11. Foundries and Employment of Women in Core Rooms 

12. Mercantile Establishments 



mm 



26 



Report op Commission. 



I. 



THE LABOR LAW AND ITS ADMINISTRATION 

Laws enacted to protect industrial workers and to improve 
their condition, are of little value unless adequate machinery of 
government be provided to administer them intelligently and to 
enforce them effectively. The labor department is charged with 
administering the statutes dealing with the health and safety of 
the men, women, and children employed in the industries of the 
state. There are in this state over 40,000 factories in which 
1,250,000 workers are employed. If to these is added the many 
thousands of employees in mercantile establishments, the workers 
in tenement houses, those employed in tunnels, mines and caissons 
and those engaged in the construction of public works, it is safe 
to say that the Department of Labor is directly responsible for 
the well-being of upwards of 2,000,000 workers. The Depart- 
ment of Labor should therefore be one of the great departments 
of the state. Up to the present however, this department has 
occupied a minor position, and imtil recent years practically no 
attempt has been made to raise it to a position of prominence 
commensurate with its important duties and functions. 

In this, the greatest industrial state of the union, but little 
attention has been paid to the preservation of the state's most 
precious asset, the workers within its bounds. Consequently, 
very little attention has been given to the department which is 
charged with the responsibility for safe and sanitary working 
conditions. 

The annual appropriation for the Department of Labor for 
the year 1912, covering all its varied activities, was about 
$320,000. This was a large increase over appropriations in 
former years but nevertheless, was so utterly inadequate as to 
make impossible even an attempt to enforce all the laws dealing 
with the health and safety of workers. 

The Commissioner of Labor in his annual report for the year 
ending October 1st, 1911, says, in referring to the work of the 



Report of Commission. 



27 



bureau of factory inspection, with which this Commission is most 
directly concerned: 

** No claim is herein set up that the Bureau has been able 
to compel the maintenance of proper standards at all times 
in every place falling within its jurisdiction. I can only 
repeat what was said before, that one or two visits a year are 
not enough. We cannot by such insufficient observations find 
out infractions of the law and apply the remedies. The 
Legislature of 1911 provided for a substantial increase in the 
field and office staff of the Bureau, but even when fully 
equipped according to the improved plan of organization, its 
field force will remain inadequate to enforce the law.'' 

City departments do practically nothing to remedy defective 
conditions in factories, and very little with regard to mercantile 
establishments. The Department of Labor alone must do this 
important work. The state has properly assumed the duty of 
looking after the health and safety of its industrial workers and 
local authorities rely upon the state to see that this duty is 
performed. 

We regret to be compelled to say that the state has not in the 
past fully discharged this duty. Imperfect laws and inadequate 
machinery for their enforcement have materially contributed to 
the annual waste of human life in our industrial establishments, 
a waste due to unsanitary conditions and preventable accidents 
and disease. 

Inadequacy of the Present System of Factory Inspection 

The principal work of the department consists in the inspection 
of factories and the enforcement of the statutes relating to the 
health and safety of employees. To this^ branch of the depart- 
ment's work the Commission has devoted much attention. 

That the present system of factory inspection in this state is 
inadequate, is the opinion of every witness who appeared before 
the Commission at public hearings and at executive sessions. This 
opinion finds expression in the many briefs p.nd memoranda 
received from various sources. It is shared by representative 
employees and employers, by civic organizations interested in 
labor conditions, and by those at the head of the department itself. 



y 



28 



Report of Commission. 



This inadequacy of factory inspection is due to the lack of 
proper statutes and to the lack of a sufficient number of inspectors, 
especially, inspectors of scientific and technical training. Inspec- 
tions of factories are infrequent. Some factories are not inspected 
as often as once a year. No attention has been paid to the pre- 
vention of industrial poisoning and diseases, or to the supervision 
of workers employed in dangerous trades. 

The Department of Labor has confined it efforts to acting as 
a police department, for the detection and punishment of viola- 
tions of particular provisions in the statutes. It has failed utterly 
in developing its true function as a department of education, for 
establishing closer and more friendly relations between worker 
and employer, and for enlisting their active co-operation not only 
in the enforcement of the law but in the steady and constant 
improvement of working conditions. 

The Present Labor Law 

The ineffectiveness of the administration of the labor law in 
the state of New York is due, in large measure, to defects in the 
law itself. Many provisions of the labor law now in force are 
so imperfect, inadequate or antiquated as to preclude the possi- 
bility of successful administration. 

The labor law is framed on what we believe to be a mistaken 
theory, that the requirements for the protection of the health and 
safety of workers should all be expressed within the four corners 
of the statute itself. The attempt to carry out this theory has 
led to the enactment of provisions, so specific and rigid in their 
requirements as to make their enforcement in many cases, unjust, 
or even impossible. They fail to take into account the varying 
conditions in different industries. In some instances where the 
impossibility of setting a rigid standard for all cases was manifest, 
the provisions of the law were made so vague and indefinite that 
their meaning or application could not be determined at all, or 
had to depend upon the exercise of an administrative discretion, 
a one-man discretion, so arbitrary in character and so calculated 
to work injustice, that it was either not exercised at all, or, when 
exercised, became a natural subject of distrust on the part of the 
courts. We believe that the only way of obtaining a labor law 



Report of Commission. 



29 



which can be enforced, is to abandon the theory underlying the 
labor law as it now stands; namely, that it is possible in any 
statute to provide specifically, the measures to be taken for the 
protection of the lives, health and safety of workers in each indus- 
try and under all conditions. 

This theory of factory legislation we believe to be entirely errone- 
ous. It is at variance with the systems in use in Wisconsin and 
in those European countries where the administration of labor 
laws has been a decided success. 

These systems of labor legislation are based upon the theory 
that it is impossible to regulate factory sanitation and safety solely 
by statute. 

The Commission, as a result of investigations and study of the 
subject, is convinced that it is impossible to legislate definitely 
by statute so as to cover the details of all industries. These details 
are too many and various to be safely enumerated in a statute 
which is difficult to change. Stringent regulations which are per- 
fectly proper for one class of factories are often unnecessary 
and even injurious for others. 

Conditions vary in different industries. New methods of man- 
ufacture, and new types of machinery present new and trouble- 
some questions to be solved. Our labor laws should have reason- 
able elasticity and flexibility so as to permit of special require- 
ments that may be adjusted to the progress of industry and its 
varying conditions. It should not be necessary to have to resort 
to the tedious process of amending an old law or enacting a new 
one whenever a remedy is needed for some condition overlooked 
in the old statute, or newly discovered. 

We are of opinion that the legislature should make broad and 
general requirements for safety and sanitation, setting forth where 
practicable minimum requirements, and delegating to some respon- 
sible authority the power to make special rules and regulations 
to carry the provisions of the statute into effect in the different 
industries and under varying conditions. These rules and regu- 
lations should be collected in an industrial code that could be 
enlarged or changed with comparative ease from time to time as 
occasion might require. Such a principle is approved by all those 
who have given thought and study to this important subject. 



30 



Report of Commission. 



Eepobt of Commission. 



31 



P 



In Europe the futility of regulating labor conditions by specific 
statutes, was recognized a long time ago. There the statutes are 
very broad and general and power is given to administrative 
boards to make rules and regulations for their application under 
varying circumstances and conditions. 

The question of how to render these principles most effective 
and yet to secure a proper enforcement of the labor law as well 
as the rules and regulations adopted thereunder, has proved a very 
difficult problem. 

To give one man, namely, the Commissioner of Labor, the 
power to make rules and regulations, would be entirely out of the 
question. This power is too great to entrust safely to any one 
individual. Two other methods were suggested: (1) to create a 
commission at the head of the Department of Labor in place of 
the present single commissioner, with power to make rules and 
regulations and to enforce them; and (2) to create a board within 
the Department of Labor to make rules and regulations, and to 
leave the Commissioner of Labor at the head of the department, 
as at present, with full power to enforce the provisions of the 
statute and the rules and regulations adopted by the board, and 
with full responsibility for their enforcement. 

The Commission has carefully considered the advantages and 
disadvantages of each plan. We have found that there are advan- 
tages and disadvantages in each, but after careful study we have 
decided that the second alternative is the one likely to produce 
better results to the state. In reaching that conclusion, we were 
guided by the following principles : 

1. Responsibility for enforcement of law must be definitely 
located. 

2. Administrative work can best be done by one man. 

3. Questions involving discretion and requiring deliberation 
are best decided by a body of men. 

The plan we propose has the deliberative advantages of com- 
mission government, and the administrative advantages of a single 
head. The formation of a board to make, with due deliberation, 
regulations that shall carry into effect the intent and purposes of 
the law, will secure for the department all the benefits of a com- 



mission; and the retention at the head of the department, of a 
single commissioner to enforce the law and the regulations adopted 
thereunder, will prevent any shifting of responsibility. 

The question has arisen, whether this board shall be merely 
advisory and its conclusions subject to veto by the Commissioner 
of Labor. We believe, however, that such veto power would not 
produce good results. JSTevertheless, the Commissioner of Labor 
should not be placed in a subordinate capacity, but should be 
chairman of this board and thus have an important voice in fram- 
ing the rules and regulations upon which the successful admin- 
istration of his department so largely depends. 

Industeial Boaed 

We therefore recommend that an industrial board to the Depart- 
ment of Labor be created, to consist of the Commissioner of 
Labor as chairman of the board, and four associate members to 
be appointed by the Governor with the advice and consent of the 
Senate. The first appointees are to serve for a period of one, 
two, three, and four years respectively, and subsequent appointees 
are to serve for a period of four years. The Commissioner of 
Laoor shall have an equal vote in all proceedings of the board. 

We strongly urge that the membership of this board be made 
up of a representative of labor, a representative of employers, a 
woman, and a scientist. The associate members shall each receive 
an annual salary of $3,000 and necessary traveling and other 
expenses. 

The board may appoint a secretary and the commissioner shall 
detail from time to time te its assistance such employees of the 
Department of Labor as the board may require. The board may 
employ outside experts for special and occasional service and 
may form voluntary committees representing different interests 
concerned in any special subject that it has under consideration. 

Meetings of the Board 
^ The board shall meet at least once a month and at such other 
times as the public service may require. It is our opinion that 
the members of the board will never be giving less than one-third 
of their time to this work and that for the first year more than 
half of their time will have to be thus devoted. 



32 



Eeport of Commission. 



Keport of Commission. 



33 



The Commissioner of Labor or any two associate members of 
the board may call meetings. Counsel to the department shall 
act as counsel to the board without additional compensation. All 
meetings are to be public. 

Powers of the Board 

We recommend that the industrial board be given the follow- 
ing powers : 

1. To make investigations concerning all matters which relate 
to the enforcement and effect of the provisions of the labor law ; 
to subpoena and require the attendance of witnesses and the pro- 
duction of books and papers pertinent to the investigations and 
for that purpose to have all of the powers of a legislative com- 
mittee. Each member of the board and the secretary shall have 
the power to make personal inspections of all factories, mercantile 
establishments, and premises affected by the labor law. 

There will thus be in the Department of Labor itself the 
machinery for special investigations wheirever the conditions war- 
rant them, so that it will not be necessary to appeal to the legis- 
lature for the appointment of a commission, whenever a situation 
arises which, in the opinion of the people, requires study and 
investigation. 

2. To make, alter, amend, and repeal rules and regulations 
for carrying into effect the provisions of the labor law and to 
apply such provisions to specific conditions and to prescribe spe- 
cific means, methods, or practices to make such provisions effec- 
tive. Such rules and regulations may apply in whole or in part 
to particular kinds of factories or workshops or to particular 
machines, apparatus, or articles ; or to particular processes, indus. 
tries, trades or occupations ; or they may be limited in their appli- 
cation to factories or workshops hereafter established or to 
machines, or apparatus installed in the future. 

The present provision in the law, for example, requiring ade- 
quate ventilation has been a dead letter. The industrial board 
would have the power to fix standards of ventilation, temperature 
and humidity, to be applied to different industries, under different 
conditions, and these standards could be changed or modified as 
circumstances required. 



We also recommend that a provision be inserted in the labor 
law that all factory buildings and mercantile establishments shall 
be so constructed, equipped, arranged, operated, and conducted 
in all respects as to provide reasonable and adequate protection 
to the lives, health and safety, of all persons employed and that 
the industrial board shall be empowered to make rules and regu- 
lations to carry into effect the purpose and intent of the labor 
law for protecting the health and safety, and promoting the 
well-being of workers in industrial establishments. These rules 
and regulations should of course be consistent with such mini- 
mum or maximum requirements as may be specified in the statute. 

Procedure of the Board 

Before any rule or regulation is adopted, altered, amended or 
repealed, a public hearing must be held thereon, notice of which 
shall be published not less than ten days in the bulletins of the 
department or in such newspapers as may be prescribed. 

Employers, workers and all others interested would thus be 
given an opportunity to make recommendations and to submit 
criticisms concerning proposed regulations. The board could at 
any time consult the experts of the department and in special 
cases outside experts could be retained. The formation of vol- 
untary committees to advise the board concerning matters under 
consideration would be encouraged. Regulations would be 
adopted or modified, only after a full hearing of all interested 
parties and with the advice and suggestions of experts. 

Industrial Code 
The rules and regulations adopted by the board in force on 
the first day of January, 1914, and the amendments thereof and 
additions thereto shall constitute the Industrial Code and shall be 
certified and filed with the Secretary of State. 

Delegation of Legislative Power 
We are convinced that this delegation of power to make rules 
and regulations is valid and constitutional. Chief Justice 
Marshall declared, in 1825: 

" The difference between the departments undoubtedly is, 
that the legislature makes, the executive executes, and the 
3 



34 Report of Commission. 

judiciary construes the law ; but the maker of the law may 
commit something to the discretion of the other departments, 
and the precise boundary of this power is a subject of delicate 
and difficult inquiry, into which a court will not enter un- 
necessarily." * 

The constitutionality of such delegation of power turns upon 
this question: Has the legislature laid down general rules de- 
termining the policy of the law and leaving the details to an 
administrative body, or has the legislature left it to the discretion 
of this administrative body to determine whether there shall be 
any legislation on the subject at all ? A delegation of power to 
enunciate new policies in addition to those declared by the legis- 
lature would be unconstitutional ; but the power to be conferred 
upon the Industrial Board is not to enunciate new policies, but 
merely to establish regulations for the purpose of carrying out 
effectively the policy declared by the law, which provides clearly 
and unequivocally that factories and manufacturing establishments 
shall be constructed, operated and maintained so as to ensure the 
health, safety and well-being of all employees. 

A number of recent decisions have sustained legislation that 
permitted full power of regulation by an administrative body. 
The most notable recent instance of such a holding in this state 
is the case of Saratoga Springs v. Saratoga Co., 191 N. Y., 123. 
There the court sustained a statute which established a commission 
with power to determine the maximum price to be charged for 
service by gas and electric light companies. The validity of the 
act was challenged on the ground that it delegated legislative 
powers to an administrative body. The court said that the legis- 
lature could not delegate legislative powers, adding, however : 

" But if it is intended to go further and deny the power 
of the legislature to confer by general laws upon other 
branches of the government, the duty not only of executing the 
law, but of determining its application to particular cases 
and formulating rules for its exercise, then in my judgment 
it is not true " (page 134). 



Keport of Commission. 



35 



« Wayman v. Southard, 10 Wheaton, 1. 



The Court considered the difficulty of establishing in advance, 
by statute, rates for all cases, saying, at page 144: 

" It is plain that no uniform rate of charges could be 
established that would be just or reasonable. * * * 
While no consideration of convenience or of supposed neces- 
sity would justify us in ignoring any constitutional mandate 
or limitation, it must be remembered that we have no ex- 
press constitutional provision on the subject, and that it is 
sought to condemn the legislation before us solely by ex- 
tending the principle that the legislature cannot delegate 
legislative powers (a principle which, though unquestionably 
true, is, as we have seen, true only within limits), to a point 
that would render efficient legislation on the subject 
impracticable." 

These considerations seem no less applicable to the safeguarding 
of employees than to the fixing of rates. In either case it is impos- 
sible to formulate in advance a rule to provide reasonable and ade- 
quate safeguards for every contingency. 

In the case cited it was contended that the statute laid down 
no rule, but allowed the commission to legislate. The court 
answered at page 145 : 

" The statute is complete. The legislature, not the com- 
mission, has enacted that there shall be maximum rates for 
the charges of the gas and electric light companies, that 
light shall be furnished to consumers at those rates, and 
has provided the penalty for extorting greater charges for 
service. What is entrusted to the commission is the duty 
of investigating the facts, and, after a public hearing, of 
ascertaining and determining what is a reasonable maximum 
rate." 

So here the legislature announces its policy of providing ade- 
quate and reasonable safeguards for employees and leaves it to 
the Industrial Board to determine what are reasonable and 
adequate safeguards. 

The court quotes, with approval, the following from Mr. Jus- 
tice Brewer's opinion in Chicago Co. v. Dey, 35 Fed. 866 : 

" The law books are full of statutes unquestionably valid, 
in which the legislation has been content simply to establish 



1 



I 



36 Report of Commission. 

rules and principles, leaving execution and details to other 
officers." 

The policy declared by the legislature need not be set forth in 
detail, but may be stated in general terms. In the case cited (191 
^. Y., 123), it was contended that in order to justify delegation 
of legislative power to a commission, the statute must prescribe 
some standard to govern the action of the commission, and that the 
statute prescribed no such standard. But it was held that a pro- 
vision allowing the commission to fix the rates ** within the limits 
prescribed by law " was sufficient, because 

" The common law prescribes the rule that the rate shall 
be reasonable, and, I think, even without special mention, 
the statute would necessarily imply the same limitation." 

This sole standard that the rates should be reasonable read into 
the statute by implication was held to be a sufficient declaration 
of policy, the court saying, at page 147: 

** Indeed, if the statute assumed to fix any other standard 
for rates than that they should be reasonable, we think it 
would be much more open to attack than in its present form. 
The law maker might exhaust reflection and ingenuity in the 
attempt to state all the elements which affect the reasonable- 
ness of a rate only to find that in a particular case he had 
omitted the factor which controlled the disposition of that 



case. 



iy 



It is no easier task to prescribe in advance the standard of 
safety for the health and welfare of employees under all circum- 
stances than to declare the reasonable rate in all cases. 

The court quoted, with approval, the following from the opinion 
of Mr. Justice White in Aflantic Coast Line v. North Carolina, 
206 U. S., 1 : 

" The elementary proposition that railroads, from the 
public nature of the business by them carried on and the 
interest which the public have in their operation, are subject, 
as to their state business, to state regulation which may he 
exerted, either directly hy the legislative authority or htf 
administrative bodies endowed with power to that end, is not 
and could not be successfully questioned in view of the long 
line of authorities sustaining that doctrine." 



Report of Co^r mission. 



37 



In principle it would seem that this is equally true of any kind 
of business of sufficient public concern to call for detailed statutory 
regulation. 

Perhaps the most recent declaration of the United States Su- 
preme Court on this point is contained in Interstate Commission 
vs. Goodrich, 224 V. S.. 194, where the Court says at pages 214- 
215: 

^' The Congress may not delegate its purely legislative 
power to a commission, but, having laid down the general 
rules of action under which a commission shall proceed, it 
may require of that commission the application of such rules 
to particular situations and the investigation of facts, with 
a view to making orders in a particular matter within the 
rules laid down by Congress. This rule has been frequently 
stated and illustrated in recent cases in this court and needs 
no amplification here." 

The court there sustained a provision of the Interstate Com- 
merce Act empowering the Interstate Commerce Commission to 
prescribe the forms of accounts and records to be kept by common 
carriers. 

The basis of the proposed enactment may be thus summed up : 
The protection of the health and safety of workers is one of the 
highest concerns of the state ; it is impossible to prepare a statute 
which shall provide in advance rules for such protection in every 
industry and under all circumstances; such rules can be formulated 
only as necessity therefor is manifested, by a body competent to 
investigate each situation and to establish the requirements neces- 
sary to meet it. Under these circumstances the legislature is not 
powerless to remedy the many existing evils, but may write into 
the statute its policy of protecting persons employed at labor in 
every industry by reasonable and adequate means, and may leave 
to an administrative board to determine, after inquiry, the 
necessary and adequate means in each case. 

The Organization of the Department of Labor 

We have thus provided for the adoption of rules and regulations 
and for a flexible and elastic industrial code readily adaptable to 
the varying conditions in the different industries so that the De- 



88 



Report of Commission. 



partment of Labor will be able to keep pace with the changes 
that are constantly taking place in industry. It is necessary in 
addition to give the department an adequate number of field in- 
spectors, and to increase its trained and expert staff so that the 
law may be effectively and intelligently enforced. 

Salary of Commissioneb of Labor 

As stated, we believe that the Commissioner of Labor should 
be the head of the department and solely responsible for the en- 
forcement of the labor law and the industrial code. The present 
salary of the commissioner is $5,500 a year. This we believe to 
be inadequate compensation for the important and arduous duties 
performed by him. The salary of the commissioner should be 
enough to attract to the position one who has the ability, experi- 
ence, executive control, and board outlook which this responsible 
office demands. At the same time, however, we must take into 
consideration the fact that the office carries with it honor and 
distinction, and opportunity for public service. 

In fixing the amount that we believe the commissioner ought to 
receive, we have carefully considered the salaries paid in the fed- 
eral and state service and have concluded that he should receive at 
least $8,000 a year. A New York public service commissioner re- 
ceives $15,000 a year. It cannot be questioned, therefore, that the 
head of a department so important as this is to the state, should 
receive about half that amount. 

Bureaus 

The Department of Labor has now five bureaus: factory in- 
spection; labor statistics; mediation and arbitration; industries 
and immigration, and mercantile inspection. We believe it un- 
wise to have separate bureaus of factory and mercantile inspection. 
All inspection work should be centralized in one bureau, under 
one head. 

We therefore recommend that instead of separate bureaus of 
factory and mercantile inspection, there be one bureau of inspec- 
tion. The other bureaus mentioned should be continued and pro- 
vision should be made for the creation of such additional bureaus 
as the commissioner deems advisable. 



Report of Commission. 
Bureau of Ixspectioist 



39 



The bureau of inspection, subject to the supervision and direc- 
^on of the commissioner should have charge of all inspections. 
The first deputy commissioner should be the inspector general of 
the state in charge of the bureau of inspection and should receive 
a salary of $5,000 a year. The chief factory inspector now in 
charge of factory inspection only, receives $4,000 a year. 

The bureau of inspection should have four divisions: factory 
inspection; homework inspection; mercantile inspection, and in- 
dustrial hygiene. The division of industrial hygiene referred to 
m detail hereafter should be under the immediate charge of the 
commissioner himself. 

Division of Factory Inspection 
There is now a chief factory inspector in charge of the in- 
spection of factories for the entire state. The majority of wage 
earners are in New York City. The census of 1910 showed that 
more than one-half of the state's population was located in that 
city. 

Many appearing before us urged a separate department of labor 
for New York City. We believe, however, that uniformity in the 
administration of the labor law is essential and that it is the best to 
have the Department of Labor exercise jurisdiction over the entire 
state. We believe that factory inspection both in New York City 
and in the remainder of the state will be considerably improved 
If, for the purposes of such inspection, the state is divided into 
two inspection districts to be known as the first factory inspection 
district and the second factory inspection district. The first dis- 
trict should include New York City and the counties of the Bronx 
Nassau and Suffolk, and the second district all other counties' 
Each inspection district should be in charge of a chief factory 
inspector who should receive a $4,000 salary. The creation of 
two factory inspection districts will tend to greater concentration 
m the work of inspection and consequently to beneficial results. 

Number of Inspectors 
The present force of field inspectors engaged in the inspection 
of factories is inadequate; this is the opinion of all appearing be- 



40 



Rkpokt of Commission. 



I 



I 



I 






fore the Commission. There are at present 81 factory inspectors 
who may be called field inspectors, 21 of whom receive $1,500 a 
year salary and the remainder $1,200 each annually. A number 
of these 81 field inspectors are assigned to home work inspection; 
that is, to the supervision of manufacturing carried on in tene- 
ment homes in the larger cities. 

It need not occasion surprise that with a force of inspectors so 
plainly inadequate, inspections of factories are infrequent, and 
that the law dealing with the health and safety of employees in 
factories is not enforced as effectively as it should be. The sugges- 
tions received by the Conmiission as to an increase in the number 
of field inspectors vaj^j-^rfeatly. It has been urged that we recom- 
mend as many a$' 300 field inspectors. 

The present law provides for not more than 125 factory in- 
spectors, including supervising inspectors and inspectors of 
technical and scientific experience. We recommend that there 
shall be not less than 125 factory inspectors of all grades in the 
division of factory inspection, of whom not more than :*0 shall 
be women. This would leave 110 inspectors of the first, second, 
third and fourth grades for actual field work. Of these at least 
15 should be assigned to the division of homework inspection, 
leaving 05 field inspectors for factory insi)ection exclusively. 
The present law provides for only two grades* of field inspectors, 
those receiving annual salaries of $1,200 and $1,500 respectively. 
Such salaries do not induce any man with technical training 
to enter the department or to remain there for any length of time. 
There should be opportunity for promotion based upon merit 
solely, that is, upon the length and character of service rendered, 
and ability as evidenced bv a comprehensive vvritiun and oral ex- 
amination, not the mere perfunctory promotion examination now 
resorted to. 

We reconmiend the following grades of inspectors to do field 
work: 

Grade, Number of Inspectors 



Repokt of Commission. 



First. 
Second. 
Third. 
Fourth. 



!Rot more than 95 

50 
25 
10 



II 



n 



a 



a 



a 



u 



<< 



li 



a 



Salary, 

$1,200 
1,500 
1,800 
2,000 



* There is a $1,000 grade, but that has been aban«ioned In actual practice. 



41 

An opportunity thus will be given for advancement and men 
of ability and experience will be attracted to the work. 

Division of Homework Inspection 
The conditions under which manufacturing is carried on in the 
tenement homes in New York City and other large cities is of 
vita concern not only to those directly engaged in it, but to the 
pub he generally which uses the goods thus manufactured. We 
shall refer to this subject in detail later in our report.* In this 
connection however, we recommend that a separate division of 
homework inspection be created and that not less than 15 factory 
inspectors be detailed to this division, so that the law prohibiting 
manufacturing in an unsanitary tenement house, and whatever 
measures the legislature may adopt to prohibit the employment 
of yoimg children in that work, may be effectively enforced. 

Division of Mercantile Inspection 

menlT ^ZT'"" f '''" ''P'""'"'"' ''^^^ ™^^'^-tile establish- 
ments and the employment of women and children in them in 

Roclu,ster Elsewhere in the state the mercantile law (anicle 
n of die labor law) is enforced by the local departments of health 

LIT ° . : T "'''' '''' ''"■•^"' °^ '"—tile inspection i 
charged with the duty of enforcing this law 

The bureau is in charge of a mercantile inspector who has 9 
depu y mercantile inspectors under his supervision. The mer- 
cantile inspector receives $3,000 salary and the deputy mercantile 
.nspectors each receive $1,200 salary. This force isT 

citlTof .r iTT "' ™''"'^' """'''^'''^ establishments in 
cities of the first class alone. Inspections are very infrequent 

ot the first class had not been inspected in four rears The ner 

::: nf t'S '''' ^^'^' ^^ ^^ « --'* -^-^ gretter^n m' r: 
cant le establishments than in factories. Since most of the 

raprrf'T"'"' establishments are women, the necess '; 
8 apparent for frequent inspection to determine whether the 

^!^l!!l!!!!l^ll!!!!!!^^^^^^^ are being 

* ^ M^-fcturlng ,„ Te„en,ents. Appendix IV. Volume n. 



42 



Report of Commission. 



Eeport of Commission. 



43 



1^ 



observed. Factory work is carried on in most of the department 
stores. Formerly where this w^as done a separate inspection was 
made by a factory inspector but now a mercantile inspector must 
cover the entire ground. 

Conditions in Second Class Cities 

The jurisdiction over mercantile establishments in second-class 
cities is conferred by law upon the local boards of health. The 
mercantile law applies to every town having a population of more 
than 3,000, and theoretically mercantile inspection ought to be 
state-wide as is factory inspection. But the enormous expenditure 
this would involve makes it inadvisable to extend the jurisdiction 
of the department, over the entire state. We believe, however, 
that it is imperative for the department to assume jurisdiction 
over mercantile establishments in cities of the second class where 
thousands of women and children are employed in department 
and other stores. These establishments now receive practically 
no supervision. 

The Commission's investigation into this subject showed that 
the local health departments in second class cities were very lax 
in their inspection of mercantile establishments. In not one of 
the second class cities has this subject been considered of sufficient 
importance to have a single inspector devote all of his time to 
that work. The usual plan seems to be to assign to the regular 
sanitary inspectors in the employ of the department of health, the 
duty of inspecting mercantile establishments in addition to all 
their other duties relating to contagious diseases, sanitation and 
plumbing. As might be expected, the actual amount of time de- 
voted to mercantile establishments is very small. The statement 
of one official that inspectors visit mercantile establishments 
" when they haven't anything else to do," probaly represents 
actual conditions in more than one of these cities. In half of the 
second-class cities, mercantile establishments are visited only 
when a specific complaint comes to the health officer. As a re- 
sult of this practice no one can tell how many violations of law 
actually exist. Even more surprising is the following statement 



made to the Commission by the health officer in one of the large 
second-class cities of the state : 

" I would say that this department has made no inspections 
of mercantile establishments as to the employment of women 
and children. I had supposed that such inspections were 
under the supervision of the mercantile and factory inspec- 
tors. The health officers who have preceded me have not 
made such inspections and were like myself not aware of 
section 172 of the labor law." 

A striking indication of the failure to give serious attention 
to this subject is the fact that prosecutions are very rarely insti- 
tuted in any of the second-class cities against employers 
found violating the mercantile law, while in Buffalo and 
Rochester the mercantile inspectors of the labor department pre- 
sented to the courts 136 cases for prosecution during the year end- 
ing September 30, 1911. 

We recommend therefore : 

1. That there be a division of mercantile inspection in the 
bureau of inspection of the department as heretofore suggested, 
instead of a separate bureau. 

2. That the division be in charge of a chief mercantile inspec- 
tor who shall receive as at present a salary of $3,000. That the 
number of mercantile inspectors be increased from 10 to 20 of 
whom not less than 4 shall be women. The mercantile inspectors 
shall be divided into three grades, but not more than five shall be 
of the third grade. Each mercantile inspector of the first grade 
shall receive an annual salary of $1,000; each of the second grade 
an annual salary of $1,200, and each of the third grade an annual 
salary of $1,500. 

3. That the jurisdiction of the department over mercantile es- 
tablishments be extended to cities of the second class. 

Division of Industeial Hygiene 
The lack of a staff of trained scientific inspectors has always 
been a drawback in the enforcement of the labor law. It was not 
until very recently that a mechanical engineer was appointed, who 
IS also an expert on accident prevention. He receives a salary 
of $3,500. ^ 



44 



Repokt of Commission. 



Report of Commission. 



45 



"'■I 



'I 



I 



For some years past there has been a medical inspector of fac- 
tories who has devoted himself to an investigation of various 
forms of industrial poisoning and has made special inspections, 
but has obviously been unable to cover the ground alone. He re- 
ceives a salary of $2,400, which in our opinion is too low for the 
work expected of him. 

We recommend that there be not less than four inspectors of 
the seventh grade, one of whom shall be a physician who shall be 
the chief medical inspector, one a mechanical engineer who shall 
be an expert on accident prevention and ventilation, one a chemi- 
cal engineer, and one a civil engineer who shall be an expert on 
fire prevention and building construction. Each of these inspec- 
tors should receive an annual salary of $3,500. In order to work 
effectively, this expert group of inspectors should be placed in one 
division to be known as the division of industrial hygiene, to be 
under tlie immediate charge of the commissioner who may, how- 
ever, select one of the group to act as director of the division. 
This director shall receive additional compensation of $.")00 an- 
nually while performing the duties of that office. 

There will thus be created within the department an expert 
group of inspectors of scientific training who will perform the 
following duties: 

1. Make inspections, highly technical in character, of factories, 
mercantile establishments, and other places subject to the labor 
law. 

2. Conduct special investigations of industrial processes and 
conditions with a view to recommending the adoption or modi- 
fication of standards, rules, and regulations by the industrial 
board. 

3. Prepare material for leaflets and bulletins calling atten- 
tion to dangers in particular industries and precautions to be 
taken to avoid them. 

This divisiuii will act as an expert investigating body on the 
subjects of industrial poisioning and diseases, dangerous trades, 
prevention of acci<lents, ventilation, lighting and have charge of 
many other problems of sanitation and safety, which for their 
proper solution require the careful, scientific study of experts. To 



leave such important matters to the ordinary field inspector as has 
been done heretofore, is a waste of time and money and is pro- 
ductive of no results. :N'either the manufacturer nor the employee 
is benefited thereby. It should be borne in mind also that the 
necessity for careful supervision is greatest in those very trades 
and occuj)ations in which conditions are presented that are beyond 
the comprehension of an ordinary inspector. 

Section of Medical Inspection 

It is essential that a study be made of the effects of different 
occupations upon the health of workers. The subject of occu- 
pational diseases, although one of much importance, has been 
entirely neglected in this state. 

We would therefore recommend that there be attached to the di- 
vision of industrial hygiene a section of medical inspection, to be 
made up of the chief medical inspector, in charge, and three in- 
spectors of the 6th grade, at least one of whom shall be a woman 
and each of whom shall receive $2,500 salary annually. Such 
inspectors shall be physicians duly licensed to practice medicine in 
this state. 

The section of medical inspection shall inspect factories, mer- 
cantile establishments, and other places subject to the provisions 
of the labor law with respect to conditions of work affecting the 
health of persons employed, and shall have charge of the physical 
examination and medical supervision of children employed. 

Bureau of Statistics and Information 

The bureau of labor statistics was founded as an independent 
ofiice in 1883 to 

" collect, assort, systematize, and present in annual reports 
to the legislature, statistical details in relation to all depart- 
ments of labor in the state, especially in relation to the 
commercial, industrial, social, and sanitary condition of 
workm.nrmen and to the productive industries of the state.'' * 

Tn actual practice, however, the work of the bureau was never 
!!!l^!!!i^l.^^ all 

•Labor Law. S 55. ' ~ 



46 



Repokt of OOMMISSIO.V. 



Report of Commission. 



47 



I 



I 



kinds of information concerning labor and acted as a general 
information bureau on everything relating to labor conditions. 
As long as it remained an independent department, its informa- 
tion was collected entirely by its own research and investigations. 
In 1901 the bureau of labor statistics was consolidated with the 
office of factory inspector and the bureau of mediation and arbi- 
tration, then in existence, to form the present JJepartment of 
Labor. Since it became a branch of the department of labor, the 
bureau of statistics has acted in a dual capacity; (1) as an inde- 
pendent investigator and (2) as the statistical and publication 
office for the other bureaus of the department. In its first capac- 
ity as an independent investigator the bureau has conducted in- 
vestigations and gathered information and data on its own account 
from time to time and published the results in its annual report 
to the legislature and in the quarterly bulletin of the department. 
In its second capacity it has taken care of the following matters : 

1. The preparation and publication of information and sta- 
tistics received through the other bureaus. 

2. The preparation and publication of statistics concerning the 
work done by the different bureaus and published in their reports. 

3. The supervision of the printing and distribution of all of 
the reports issued at different times by the department. 

This statistical and publication work for the other bureaus has 
grown so constantly during the past few years that it has practi- 
cally absorbed all the resources of this bureau. The result has 
been that the bureau has been unable to do very much independ- 
ent work in a very wide field of economic and social research not 
connected with the functions of the other bureaus, but concern- 
ing which there is constant demand for public information 
frequently with a view to legislation. An important example of 
this need for research is the question of the extent of seven-day 
labor in this state, and the effect of a one-day rest in seven re- 
quirement, which is now being much advocated. 

The recommendations which we have made for reorganizing the 
other bureaus of the department, the extension of inspection 
work, and the broadening of such work in the direction of special 
investigations by the division of industrial hygiene, will enor- 



mously increase the work of the bureau of statistics. This bu- 
reau will be a most important one, since it is to be the publicity 
bureau of the department, that is, the bureau which shall dissemi- 
nate among the employers and employees the information gathered 
from investigations made by the other bureaus and divisions. 
The bureau will have charge of the printing and distribution of 
the many bulletins and pamphlets to be issued from time to time 
concerning the prevention of accidents and industrial diseases. 
It will have to prepare many of these bulletins or collaborate with 
officals in other bureaus in their preparation. It will be the bu- 
reau of information and education. 

As a foundation for the increased and important work this 
bureau will have to perform we recommend the following changes 
in the present law relating to it; 

1. The title of the bureau should be changed from the bureau 
of labor statistics to the bureau of statistics and information. 
The proposed title indicates its true function. 

2. There shall be the following divisions in the bureau of 
statistics and information: 

(1) The division of general labor statistics which shall collect 
and prepare statistics and general information in relation to con- 
ditions of labor and the industries of the state. 

(2) The division of industrial directory which shall prepare 
the industrial directory provided for in section forty-nine of the 
labor law. 

(3) The division of industrial accidents and diseases which 
shall collect, and prepare statistical details and general ixiforma- 
tion regarding industrial accidents and occupational diseases, their 
causes and effects, and methods of preventing, curing, and remedy- 
ing them, and of providing compensation therefor. 

(4) The division of investigations which shall have charge 
of all investigations and research work relating to economic and 
social conditions of labor conducted by the bureau. 

(5) The division of printing and publication which shall 
print, publish and disseminate such information and statistics as 
the Commissioner of Labor may direct for the purpose of pro- 
moting the health, safety, and well-being of industrial workers. 



48 



KePOUT of COMMlb.^loA. 



Report of Commission. 



49 



ims' 



Prompt Vubiitaiioa of Reports 

llie only publication now required hv law i'roni the bureau of 
labor statistics is an annual report to the legislature. The law 
should be amended so as to provide for the publication of special 
reports, bulletins, and leaflets direct ly bv the bureau. Annual 
reports, owing to the time required for their preparation at the 
close of the year, are practically useless for prompt publication 
of information, and are valuable mainly as the means of printing 
([(^tailed information for future reference. 

With the exception of an annual report by the head of the 
bureau to the Commissioner of Labor on the administration of 
the bureau, the stereotyped form of annual reports should be re- 
placed by the publication of special reports, bulletins or pamphlets 
on particular subjects. That is being done with success in 
the Federal Bureau of Labor. 

Counsel to the Department of Labor 

The coimsel to the department now receives an annual salary 
of $3,000. His work will be largely increased because of duties 
connected with the Industrial Board for which he is to act as 
counsel without any additional compensation. We therefore 
recommend that his salary be increased to $4,000 a vear. We 
also recommend that there be at least one assistant to the counsel 
assigned for up-state work. There is at present no counsel to 
represent the department in prosecutions instituted in cities 
up-state for violation of the provisions of the labor law. The 
counsel now confines his activities practically to New York City 
alone. The result has been that in other parts of the state prose- 
cutions are not instituted so often and are not pushed so effectively 
and vigorously as they should be. This is particularly true in 
cases involving violations of the child labor law.* 

Miscellaneous Recommendations 

Pensions for Inspectors 

The work of an inspector is arduous. It involves physical and 
mental strain and we believe that the state ought to establish a 
system of disability and old-age pensions for the inspectors in 

* See Bill 1, Appendix I, for provisions dealing with the reorganization of the 
Labor Department. 



the department. We have not had sufficient opportunity to 
examine this subject as fully as is necessary in order to present 
detailed recommendations, but we suggest that it be carefully 
investigated by the Commissioner with a view to remedial 
legislation. 

The necessity for such pensions is strikingly emphasized by the 
fact that there are in the department 5 veterans of the civil war 
between 60 and 75 years of age acting as factory inspectors. 
These men should not be allowed to continue at work which is 
beyond their physical strength, but should be taken care of by 
the state. 

Examinations for Inspectors 

The present civil service examinations for the position of 
factory inspector are in our opinion inadequate. The examination 
should be made more practical. The written examination should 
be supplemented by an oral examination to be conducted before 
a group of examiners and taken dow^i in shorthand. Only those, 
however, who have successfully passed the written test should be 
permitted to take the oral examination. 

Methods of Inspection 

We shall not go into details in connection with the methods of 
inspection but simply point out some objectionable features that 
may be readily eliminated by the administrative head of the de- 
partment. The first is the practice of assigning an inspector 
to the city or locality in which he lives and where he has been in 
many cases a life-long resident and of keeping him there perma- 
mently. Our investigations have shown that this practice has led to 
many abuses. It simply adds another embarrassment to the many 
difficulties an inspector must overcome. We believe that when- 
ever it is practicable, inspectors should be shifted from one district 
to another. At any rate it is unwise and also injurious to the 
service to keep one inspector in his home town for years at a 
time unless an outside inspector checks up his work. 

One of the most troublesome features in connection with a 
factory inspector's duties is the vast amount of clerical work he is 
called upon to do. Testimony showed that this clerical work took 



50 



Repobt of Commission. 



Report of Commission. 



51 






lip about one-half of the working day of the average field inspector, 
naturally curtailing the activities of the inspector in his true 
sphere, namely, that of inspection. We do not wish to detract 
from the value of accurate and comprehensive statistics. We 
realize that in order to make the departmental records complete 
some clerical work must be done by the inspectors ; but that they 
should be obliged to fill out and often recopy the multifarious 
cards and notices brought to our attention, we believe unneces- 
sary, a waste of the inspector's working powers and an impair- 
ment of the efficiency of the entire department. 

Offices for the Department of Labor 

The Commission has personally visited the offices of the depart- 
ment in Albany and New York City. Both officies, particularly 
the one in Albany are entirely inadequate for the required work. 
For the greater efficiency of the office force and of the depart- 
ment as a whole, we urge that the department be given at an early 
date improved and suitable office facilities. 

The Posting of Abstracts of the Labor Law 

At present abstracts of the labor law are posted in the English 
language. In that form they are of no value to foreigners, who 
are employed in large numbers in our factories, and are unable to 
read the language. We therefore recommend that digests of the 
labor law and of the rules and regulations of the industrial board 
applicable to any particular establishment be posted in English 
and in such other languages as the commissioner may direct. 

Penalties for Violation of the Labor Law 

We have no recommendations to make at this time for any 
change in the present penalties for violation of the provisions of 
the labor law prescribed in section 1275 of the penal law. We 
do suggest, however, that this section of the penal law be amended 
so as to provide a penalty for the violation of any provision of 
the labor law instead of referring in detail to the different por- 
tions of the law. We submit a bill for that purpose.* 

♦Bill , Appendix I- 



Summary 

The changes we have recommended in the organization of the 
labor department include the following: 

1. The creation of an industrial board to prescribe regulations 
which shall make effectual the provisions of the labor law for the 
protection of the lives, health and safety of workers, and to act 
as a permanent investigating board. 

2. An increase in the commissioner's salary from $5,500 to 
$8,000 a year. 

3. The creation of a bureau of inspection in charge of an in- 
spector general so that all inspc ctiou wrrk inav bi? centralized in 
one bureau under one head. 

4. The creation of two factory inspection districts, one for 
New York City and its vicinity and the other for the remainder 
of the State, so that there may be greater concentration in inspec- 
tion work, and so that each district may receive the undivided 
attention of a chief factory inspector. 

5. An increase in the number of factory inspectors for field 
work from 81 to 110. The establishment of $1,800 and $2,000 
grades for inspectors so that there may be an opportunity for pro- 
motion and men of technical training induced to enter the service. 

6. A division of homework inspection to which fifteen factory 
inspectors shall be detailed, in charge of manufacturing in tene- 
ment houses. 

7. The extension of the jurisdiction of the department over 
mercantile establishments to cities of the second class and an in- 
crease in mercantile inspectors from 10 to 20. 

8. A division of industrial hygiene composed of an expert 
staff of inspcH!tors to be a permanent expert investigating body 
within the department 

9. A section of medical inspection to have charge of the 
physical examination and medical supervision of children em- 
ployed in factories and mercantile establishments and to inspect 
such establishments as to conditions affecting the health of the 
workers. 



52 



Report of Commission. 



Keport of Commission. 



53 



i 



10. An enlargement of the functions of the bureau of statistics 
and information. 

We have confined our recommendations to minimum require- 
ments for a well-organized and efficient 'department of labor such 
as the State of Xew York should have; a department affording 
to the working people the protection and supervision they have 
failed to receive in the past and to which they are entitled. We 
believe that the measures recommended will result in the estab- 
lishment of a department adequately equipped to cope with the 
complex problems of sanitation and safety in industry; one that 
will w^ield a strong educational influence and secure a closer 
co-operation and more friendly relation between employers and 
employees, and, finally, one that will be an important factor in 
conserving life in industry and in preventing and minimizing in- 
dustrial accidents and disease. 



II. 

THE FIRE PROBLEM 

Among the important problems this country must solve, and to 
which but scant attention has been paid in recent years, are those 
of '' fire prevention " and '' fire protection." 

The annual fire losses in this country are large, and increas- 
ing at such a rate, that action should be taken at once to cause ma- 
terial reduction in this heavy charge imposed upon the country's 

resources. 

During the thirty-five years between 1875 and 1909, the total 
value of property destroyed in the United States by fire amounted 
to $4,904,619,235. In 1910 the aggregate property loss was about 
$211,000,000, and in 1911 approximately $217,000,000. 

Fire losses have increased steadily year after year in greater 
proportion than the growth of population. 

Hon. Walter L. Fisher, Secretary of the Interior, states the 
situation admirably:* 

" If the Government should suddenly lay an annual tax 
of $2.51 on every man, woman and child in the United 
States on a promise of spending the money for some useful 
purpose, that promise would not avail against the storm of 
protest which would be aroused. :N'evertheless, a tax which 
in the aggregate amounts to that is being paid by the people 
of this country. It is the annual fire loss of the nation upon 
buildings and their contents alone. It is expended not in 
productive enterprise, but in death and destruction, and an 
even larger sum is annually expended upon fire protection 
and insurance premiums. Xot only is this property loss 
paid by our people, but, in addition, annually 1,500 persons 
give up their lives and nearly 6,000 are injured in fires. 

Possibly in no other direction is the national habit of 
waste more clearly exemplified than in the comparative in- 
difference with which we permit such a sacrifice. In no 
other civilized country are conditions so bad as here. 

It seems ridiculous that a people so apt and so eager to 
seek out and destroy the mysterious and hidden enemies of 



•Address before the Fifteenth Annual Meeting of the National Fire Pro- 
tection Association, 



54 



Report of Commission. 



Repokt of Commission. 



55 



mankind, should be so slow, and sluggish in fighting a foe so 
plainly in sight and so readily vanquished. We have led the 
world in seeking out the causes of pestilence and removing 
them. We are in the vanguard of the battle against tuber- 
culosis, typhoid and yellow fever, and still we stand apart and 
let the older nations lead the fight against an enemy much 
more easily conquered." 

Thait this tremendous fire waste is preventable, is clearly shown 
by a comparsion of the statistics of fire losses in the United States 
with those of European countries: 

" The actual fire losses due to destruction of buildings and 
their contents amoimted in 1907 to $215,084,709, a per 
capita loss for the United States of $2.51. The per capita 
losses in the cities of the six leading European countries 
amounted to but 33 cents or about one-eighth of the per 
capita loss sustained in the United States." * 

A comparison of the fire losses sustained in European cities in 
1904 and in cities of the United States having approximately the 
same population in 1907, shows how far behind we are in the 
solution of the fire problem. The comparison is a just one, al- 
though owing to the absence of accurate official statistics, the 
years selected are not the same for both countries. 



European Losses for 1904 

CITY. Population. 

Paris, France 2,714,0f?8 

Frankfort, Germany 324,500 

St. Petersburg, Russia 1,500,000 

Birmingham, England 550,000 

Sheffield, England 426,686 

Toulon. France 101,602 

Bremen, Grermany 203,847 

Molenbeek, Belgium 63,'678 

Laeken, Belgium 31.121 

Etterbeek, Belgium 23,992 

United States Losses for 1907 

Chicago, Illinois 2,049,186 

Cincinnati. Ohio 345 230 

Philadelphia. Pennsylvania .".' 1441*737 

Baltimore, Maryland 553'669 

Cleveland. Ohio 460*000 

Atlanta Georgia .'..*.■.*!.*!!! 104)984 

St. Paul. Minnesota 204 000 

Evansville. Indiana ............'. 63*957 

Oshkosh. Wisconsin 31*033 

Eaaton. Pennsylvania W'.W 26!238 

•Bulletin 418 of the United States Geological Survey. 





Per 


Fire loss. 


capita. 


11.266,282 


$0.47 


99,492 


0.31 


2,128.541 


1.42 


226,506 


0.41 


75,989 


0.18 


65.391 


0.56 


78,372 


0.38 


106,160 


1.67 


22,349 


0.72 


19,504 


0.80 


$3,937,105 


11.43 


1.971,217 


6.70 


2,093.522 


1.46 


916,603 


1.66 


516,194 


1.12 


226,237 


2.16 


522,447 


2.66 


196,702 


3.08 


80.500 


2.69 


82.073 


1.27 



In 1911 New York City had 324 fires for every hundred 
thousand inhabitants. London had but 67 and Paris, 152. 
London in 1911 had 4,455 fires but its loss was only one-fifth of 
that in New York, while that of Paris was one-ninth. 

This great difference between the fire loss in the United States 
and that in European countries is strikingly emphasized when we 
consider that in European cities the fire-fighting equipment and 
force is very inadequate in comparison with ours. 

The average annual cost of maintaining fire departments in 
European cities is 20 cents per capita, while in cities of corre- 
sponding population in the United States, the cost is $1.53 per 
capita, or 7^ times as much. 

The significant fact therefore remains that our losses by fire in- 
crease steadily every year despite our elaborate and expensive 
systems of fire-fighting and despite the fact that our city fire-fight- 
ing systems are the best in the world both as to equipment and 
personnel. 

Not only does this wide difference exist in the property loss by 
fire, but the life hazard because of fire is greater in this country 
than in European countries. Rarely do we hear of a fire in a 
European city in which life is lost. Yet testimony has been given 
before the Commission that in New York City alone there is an 
average of one life lost daily because of fire. 

In our building construction, although some attention has been 
paid to the property hazard, albeit with comparatively poor re- 
sults as we have seen, practically no attention has been paid to the 
life hazard in factory buildings where large numbers of people 
congregate. Architects, engineers, and builders have designed and 
constructed buildings without giving due thought or considera- 
tion to the methods of escape available to the occupants in case 
of fire. 

Causes for the Diffebence in Fire Loss 

The main causes for the difference between the fire losses in 
Europe and in the United States are the following: 

1. Building Construction: In European countries practi- 
cally all buildings are constructed of fire resisting materials. 
Frame buildings are few in number owing to the hieh price and 



56 






Report of Commission. 



Keport of Commtssio??^. 



57 



f 









I 



! 



scarcity of timber. In the United States the conditions have been 
exactly reversed. Lumber, at least until recently, has beeu the 
cheapest material besides being more easily worked than brick, 
stone, or steel. 

"The comparative immunity of Berlin from disastrous 

fires results not from the efficiency of its fire department 

although it does promptly and well what work it has to do- 
but from the absence of wooden houses and the solid, care- 
ful construction of all kinds of stone and brick buildings 
under the rigid scrutiny of the building police." * 

The buildings are so constructed that fire is confined in practi- 
cally every case to a single floor and often to a single room. 

In Vienna it was reported by the Consul General : 

" There is no cause known in this city where a fire has 
extended beyond the building in which it originated and 
cases are hardly ever known where a fire extended beyond the 
floor on which it originated." 

2. Height of the Biildinos: In many European coimtries 
the height ot buildings is restricted. There is no such restriction 
in most of the cities in the United States. In New York Citv 
particularly, the problem of fire hazard is complicated by the faJt 
that manufacturing in which inflammable materials are used is 
permitted at eight, ten, and fifteen stories above the ground. 

3. IxDiviDiAL Hespoxsibility FOR FiREs : In European 
countries the person on whose premises a fire occurs is held strictly 
to account. 

In all parts of Europe where the Code Xapoleon prevails, the 
law of voisinage holds the landlord responsible for his negligence 
to all concerned, whether tenants or neighbors, and if fire origi- 
nates from the carelessness of a tenant, he is held responsible to all 
concerned, whether landlord or neighbors. This law places the 
responsibility where it properly belongs and makes every one 
maintain his premises in as safe a condition as is possible through 
human foresight. 



• Frank H. Mason, U. S. Consul-General to the Rnr^oM «f ** # . 
the Department of Commerce and Labor ^ Manufactures of 



In this country the average person pays little attention to fire 
loss, hardly realizing that insurance does not replace the property 
destroyed but merely equalizes the loss among all those whose 
property is insured. 

The loose svstem of insurance in this countrv renders over- 
insurance prevalent and opens the door to incendiarism, which 
is here the cause of many fires. The careful investigation of the 
causes of fires in European countries and the more efficient system 
of inspection there maintained, also contribute to the difference in 
fire losses that has been pointed out. 

Scope of the Commission's Investigations 

The Commission has limited itself primarily to an investiga- 
tion of the hazard to life in factory buildings, but throughout our 
investigations the fact has been repeatedly brought to our notice 
that matters affecting property hazard directly concern protec- 
tion of human life and vice versa. Thus a fire wall in a build- 
ing enables the occupants to reach a zone of safety with compara- 
tive ease, and at the same time prevents the spread of fire since 
it confines the destruction of the contents of the building to a 
limited area. The requirement that stair\vays be enclosed by 
fire-resisting materials results in affording to the occupants a 
temporary haven of refuge and also prevents the spread of fire 
from floor to floo^. An mitoma^ic sprinkler svstem checks the fire 
in its incipient stages, saves property, and protects human life. 

"In the United States we are so prone to consider the 
rights of the individual that we are apt to overlook the rights 
of the aggregation of individuals. It is not denied that 
municipal building regulations adopted by any American 
city, requiring uniform fire-resistive building construction 
after any fixed date, would give rise to seeming injustices 
and hardships, but if laws requiring the remodeling of pres- 
ent risks were also rigidly enforced, in addition to laws cover- 
ing the erection of new buildings, the hardships would soon 
be equalized, and benefit accrue to the community in the way 
of reduced fire losses, reduced insurance premiums, reduced 
expenses for maintaining fire-fighting equipments, and added 
security to life and property interests.^^ * 

• Freltag, Fire Prevention and Fire Protection, p. 17. 



58 



Report of Commission. 



Report of Commission. 



59 



I 



i 



3. 
4. 
5. 



The consideration of the fire hazard problem is divided into 
two parts: 

1. Investigation of conditions in existing factory buildings 
and the measures to be adopted to render those buildings safe for 
occupancy. 

2. Requirements for the future construction of factory 
buildings. 

The Existing Fire Problem m New York City 

Five kinds of buildings are used for factory purposes in the 
city of New York: 

1. The converted tenement or dwelling. 

2. The non-fireproof loft building. 
The fireproof loft building less than 150 feet in height. 
The fireproof loft building over 150 feet in height 
The factory building proper, constructed for factory pur- 
poses and occupied by one establishment, which may be fireproof 
or non-fireproof. 

Three of these types are especially dangerous when used as 
factory buildings. They are (1) the converted dwelling or 
tenement house, which was never intended to be used for business 
purposes above the ground floor; (2) the non-fireproof loft build- 
ing, usually six or seven stories high; and (3) the fireproof loft 
building less than 150 feet in height. 

1. The Converted Dwelling ob Tenement 

Owing to increase in land values and to change in residence 
localities, many buildings formerly used for living purposes have 
been made over into factories. These buildings are from four to 
six stories in height and usually 25 feet wide by about 60 to 85 
feet deep. The exterior walls are brick or stone, and the floors, in- 
terior trim, stairways, beams and doors are of wood. The stair- 
ways are usually from two to three feet in width with doors often 
opening inward. There are no automatic sprinkler systems, no fire 
prevention or extinguishing appliances except fire pails, which are 
not always reserved for fire purposes. The work rooms, divided 



by wooden partitions, are crowded with employees, and the ma- 
chines are placed as close together as space will permit, without 
regard to means of exit There are exterior fire-escapes with 
balconies on each floor, connected by vertical ladders (those of 
later construction by inclined stairways), which usually lead to 
a yard in the rear of the premises or to some blind alley, from 
which there is no means of escape. There is ordinarily a ladder 
from the lowest balcony to the ground, but it is generally not in 
place, or very difficult to use in case of fire, because of its weight 
There is usually but one door leading from the street. In build- 
ings of this sort we have a type constructed for dwelling purposes 
only, in which the number of occupants is multiplied many times 
beyond the capacity originally intended without any addition to 
the exit facilities. 

2. The Loft Building 

The loft building marks an evolution in the construction of 
factory buildings in the city of New York. The first lofts were 
built about twenty-five years ago for the storing and sale of 
merchandise, but the manufacturer soon found it desirable to have 
his goods manufactured in workrooms adjacent to his salesroom 
and directly under his supervision. 

Increase in land values, morever, forced the manufacturer to 
extend upwards instead of spreading out horizontally. The 
availability of the loft for manufacturing purposes was soon ap- 
preciated, and to-day this type of building is generally used for 
factory purposes. 

(A) The Non-Fireproof Loft Buildings 

The non-fireproof loft building is usually six or seven stories 
in height, 25 feet wide by 80 feet in depth, with brick, stone, or 
iron fronts and rears, brick side walls, wooden floors and wooden 
trim. There is usually one unenclosed wooden stairway, varying 
in width from two to three and one-half feet, and often winding 
around the elevator shaft. Wooden doors lead to the stairways 
and very often these doors open inward. The buildings, 
as a rule, have exterior fire-escapes similar to those 
found on the converted tenement described above. Usually every 
floor in these buildings is occupied by a different tenant and in 



GO 



Report of Commission. 



some cases there are two or more tenants on each floor. The ten- 
ant uses the floor, or his portion of it, as salesroom, oflice, and 
factory, dividing one from the other by wooden partitions. In 
the manufacturing part there are usually a number of machines 
placed together as closely as possible with little aisle space. These 
buildings are to be found in great numbers on the lower east and 
west side of New York City. The number of people permitted to 
work on any one floor is restricted only by a provision of the labor 
law which requires a minimum of 250 cubic feet of air space per 
person, with no specific requirement for the floor area. As the 
distance between floor and ceiling is at least ten feet and often 
more, this cubic air space is easily obtained without any appreci- 
able diminution of overcrowding and congestion. The present 
law does not require the posting of the number of people allowed 
even by this standard, and so prosecutions for violations are 
practically unknown. These buildings usually contain no auto- 
matic sprinklers. They have fire pails, which are rarely kept for 
the purpose intended. A few of them have standpipes with hose 
which is often useless. 



(B) The Fireproof Loft Building Less than 150 Feet High 

The fireproof loft building less than 150 feet in height, that is. 
about 12 stories or under, has brick, stone, or metal exterior walls, 
wooden floors and trim, stairways of metal or stone, and elevators. 
The stairways are generally about three feet wide, enclosed by 
fireproof walls. These buildings are either 25, 50, 75, or 100 feet 
wide by 85 to 200 feet in depth, the usual size being 50 by 80 or 
90 feet. 

The conditions of occupancy are similiar to those in the non- 
fireproof loft buildings just described. The Triangle Waist Com- 
pany occupied a building of this type at 23-29 Washington Place, 
New York City. That building, in its construction and interior, 
is typical of the so-called fireproof loft buildings, and indeed much 
better than hundreds of buildings used for similar purposes in 
New York City to-day. Some of these buildings have automatic 
sprinkler systems. They are usually provided with standpipes, 
connected with the city water supply, and have on each floor a 
hose of required length, and some are provided with exterior fire 



Report of Commission. 



61 



escapes. It is to be noted that in these buildings elevators are 
used for passage from the street to the upper floors not only by the 
employers and others but also by the employees. For this reason 
the latter are in most cases quite unaware of the location of the 
stairways. Auxiliary fire appliances are usually provided, but 
their existence is unknown to the workers and no care is given to 
their preservation. The interior arrangements are similar to 
those existing in the non-fireproof loft building; that is to say, 
there are wooden partitions, great congestion, and doors opening 
inward. 

Testimony shows that the danger in these so-called fireproof 
buildings comes from the use of wood for floors, doors, and trim. 
The buildings are usually of such height that the ladders and ex- 
tensions of the fire department, and even the water towers, do not 
have standpipes, with which hose is connected on each floor, and 
reach the upper stories. Fire occurring in these places under the 
conditions of manufacture hereafter described, usually results in 
the destruction of the entire contents of the building although 
walls and floors remain substantially intact. 

(C) The Fireproof Loft Building More than 150 Feet in Height 

This type of building is more than twelve stories in height. 

The walls are of brick, stone, or metal; the floors of cement or 

stone ; the trim and doors of metal or fire-resisting material ; and 

the stairways of stone or metal, enclosed by fireproof walls 

There are usually several stairways and elevators. The buildings 

are sometimes supplied with automatic sprinkler systems and 

other appliances for extinguishing fires. In addition, these 

buildings sometimes have exterior stairways leading either to the 

street or to the ground in the rear. The buildings are usually 

50, 75, or 100 feet or more in width and are from 75 to 200 feet 

deep. They are used for manufacturing and other purposes, and 

sometimes one tenant is found to occupy more than one floor. In 

these buildings, if a fire occurs, it is usually confined to the floor 

on which it starts, since it cannot burn up or down except throu^-h 

the windows the sashes of which are fireproof. 

Above the sixth floor these buildings are open to the same ob- 
jection as are fireproof buildings less than 150 feet high, namely, 
the upper floors cannot be reached by the firemen. The exit 



I 



62 



Report of Commission. 






facilities are usually well constructed, but the number of people 
who occupy these buildings is not determined by exits, width of 
stairways, or floor space. The only restriction is, as in all other 
buildings, the provision for 250 cubic feet of air space for each 
employee. The distance between the floors is usually 10 to 15 
feet, so that the cubic air space may fulfil the legal requirements 
although the floor is in a congested condition. 

Danger to Life in Fireproof Buildings 

Particular investigation was made of the so-called fireproof 
building, which is generally believed on account of its construction 
to be safer for the occupants than the non-fireproof building and to 
?*equire few if any precautions either to prevent fire or to preserve 
the safety of the occupants when it occurs. The testimony disclosed 
the weakness of this fancied security. Although the fireproof 
building itself will not bum, the merchandise, wooden partitions, 
and other inflammable material burn as readily in a fireproof 
building as in any other. It is assumed by all fire insurance ex- 
perts that when a fire occurs on any one floor, the contents of that 
entire floor will be destroyed. It is like placing paper in a fire- 
proof box ; the fire is confined to a specific locality, but the fire is 
no less hot and destructive within its given bounds. Therefoi*e, 
unless means are provided for automatically extinguishing fires 
and for the rapid escape of the occupants, loss of life may occur 
even in fireproof buildings. 

The Triangle Waist Company fire is illustrative of this fact. 
There the building was practically left intact, yet the fire was 
severe enough to cause the death of a large number of the occu- 
pants. In a fireproof building the fire is confined to a limited 
area and for this reason is more easily controlled. The occupants 
of floors over eighty feet from the ground cannot, however, be 
reached by the fire department's ladders, and must trust for escape 
to the stairways or to exterior fire-escapes. 

In many of these buildings the occupants manufacture garments 
and other inflammable articles. The floors are littered with 
quantities of cuttings, waste material, and rubbish, and are often 
soaked with oil and grease. Seldom is regular effort made to 
clear the floors. Fireproof receptacles are not usually provided 



Report of Commission. 



63 



for accumulated waste, which in some cases is not removed from 
the floor for many days. Many of the workmen, foremen, and 
employers smoke during business hours and at meal times. 
Lighted gas jets unprotected by globes or wire netting are placed 
near inflammable material. Very often quantities of made-up 
garments and inflammable raw material are stored in these lofts. 
Fire drills are held only at rare intervals, exits are unmarked, and 
the location of the stairways and exterior fire-escapes is often un- 
kno^Ti. Access to the stairway and the outside fire-escapes is 
obstructed by machinery, wooden partitions, and piled-up mer- 
chandise, and in some cases the fire-escape balcony is at such dis- 
tance from the floor as to make it almost impossible for women 
employees to reach it without assistance. Wired glass is not 
used in the windows facing the balconies of the fire-escapes except 
in fireproof buildings over 150 feet high. In some cases the 
windows leading to fire-escapes are not large enough to permit 
the easy passage of adults. Automatic or manual fire alarms are 
hardly ever provided, except in the larger fireproof buildings. 

" Under the majority of the present building codes the 
so-called fireproof buildings are fireproof only in the sense 
that a conflagration does not seriously damage the structure. 
A fire may rage from room to room and floor to floor, par- 
titions and all interior fittings may be charred and consumed, 
the contents may be destroyed, but the four walls and frame- 
work, the organic structure of the building, usually come 
through the ordeal intact. It is the damage to the contents 
far more than to the buildings themselves that makes the 
fire loss of the United States so heavy. In the matter of new 
laws, therefore, it is not so much the buildings which should 
receive added attention but the contents and inmates thereof. 
We must add to the term ' fireproof,' the terms ' deathproof ' 
and ' conflagration proof.' " * 

So far as the safety of the occupants of the building is con- 
cerned, the term " fireproof " is misleading and a misnomer. In 
the Iroquois Theatre fire, in the Triangle Waist Company fire and 
in many others in which the loss of life was great, the buildings 
were fire-resisti ng so far as the structure was concerned, but the 

• Fire Prevention by Edward F. Croker, Former Chief of the Fire Depart- 
ment of New York City, p. 9. 



64 



Report of Commission. 



Report of Commission. 



65 




character of the building did not lessen the danger to the 
occupants. 

The Existing Fire Problem in Other Cities of the State 

In the cities of Buffalo, Rochester, and Syracuse, although there 
are loft buildings in which manufacturing is carried on, compara- 
tively few are of great height, so that this problem is far from 
being so complicated and extensive in those cities as in New lork. 
In these cities manufacturing is usually conducted in special 
factory buildings which vary from three to six stories in height. 
Such buildings, save those recently constructed, are almost always 
non-Hreproof . The walls are of brick, stone, or metal ; the floors, 
trim, doors, and stairways are wooden, the latter are in an open 
well or surrounded by wooden partitions. Sometimes there are 
exterior fire-escapes. These building-s do not have, as a rule, any 
automatic sprinklers, or appliances for extinguishing fires, except 
fire pails, which are frequently in a useless condition. 

A feature of some of these buildings is the '' gas-pipe " fire- 
escape. These fire-escapes consist of vertical, iron or metal lad- 
ders, affixed to the wall of the building and adjacent to the 
windows. The ladders usually run from the top floor of the build- 
ings to the first floor and afford no means of reaching the ground ; 
onlv an acrobat could safelv descend them. The chief of the fire 
department of one of these cities testified that he could not use 
these ladders but that if it came to a question of being burned alive 
or using the fire-escape, he supposed he would try it. 

The lack of precautions to prevent fire is marked throughout 
the state as well as in Xew York City. Smoking goes on in just 
the same way, rubbish is piled upon fire-escapes, overcrowding 
and congestion prevail, and no attempt is made to keep clear and 
unobstructed passageways to exits. Access to exterior fire-escapes 
in many cases is impossible because of obstructions in front of 
doors and windows. Wooden partitions exist in most of the 
buildings, doors open inw^ard, inflammable material used in manu- 
facturing is kept on hand in quantities, gas jets are unprotected, 
and there are no means provided in the building for giving an 
alarm of fire either to the occupants or to fire headquarters. Little 
attention is paid to the regular cleaning of buildings. Fire drills 
are practically unknown. 



RECOMMENDATIONS 

At the outset the Commission recommends that the following 
♦definition of a factory building be incorporated in section two of 
the labor law : 

" The term ' factory building ' when used in this chapter 
means any building, shed or structure which or any part of 
which is occupied by or used for a factory." * 

Prevention of Fire 

The old adage that an ounce of prevention is better than a pound 
of cure applies with special force to the prevention of fires. 
Expert testimony given before the Commission was to the effect 
that at least 50% of the fires occuring in this state could be pre- 
vented if simple and inexpensive precautions were taken. 

The prevention of fire is nothing more than a matter of " good 
housekeeping." Cleanliness of the workroom and of the factory 
building, the removal of rubbish, the collection of waste cuttings 
and inflammable material in fireproof receptacles, the prohibition 
of smoking, and the protection of gas jets are most effective aids 
to this end. 

The enlightened manufacturer realizes that the calamity of fire, 
hitherto characterized as an act of God, is often due simply to care- 
lessness and usually preventable. 

In its preliminary report to the legislature, the Commission 
submitted a bill containing the following provisions: 

1. The provision of fireproof receptacles in which all inflam- 
mable waste materials, cuttings, and rubbish were to be placed. 

2. The removal of waste materials, rubbish, and cuttings of 
a manufacturing establishment at least twice a day, and the re- 
moval of such cuttings and waste materials from the factory 
building at least once a day. 

3. Gas jets in factories to be enclosed by globes or wired cages 
or otherwise properly protected. 

4. Smoking in factories prohibited and to be punishable as a 
violation of the labor law. 



• Bill 8, Appendix I. 

5 



I 



06 



RiopoRT OF Commission. 



H 



I 



The bill containiiig these requirements was passed by the Legis- 
lature and is now embodied in section 83b of the labor law. 

The prohibition of smoking has been productive of excellent 
results according to the testimony of the Fire Commissioner of 
New York City. Since the law went into effect last October, more 
than 200 prosecutions for violation were successfully instituted in 
that city. 

The only change that we recommend in this law is one relating 
to the requirement that all waste materials be removed from a 
factory at least once a day. We believe that if such materials and 
cuttings are baled they may be safely stored in fireproof enclosures 
and removed therefrom once a month. We therefore recommend 
the following change in the provision referred to : 

" All such waste materials, cuttings and rubbish shall be 
entirely removed from a factory building at least once in 
each day, except that haled ivaste material may he stored in 
fireproof enclosures, provided that all such haled ivaste ma- 
terial shall he removed from such huilding at least once in 
each month/' * 

We also recommend the following change in the form of the 
provision relating to the prohibition of smoking: 

" [Smoking in a] No person shall smoke in any factory 
[factory is prohibited]. A notice of such prohibition, stat- 
ing the penalty for violation thereof, shall be posted in every 
entrance hall and in every elevator car, stairhall and room 
on every floor of such factory in English, and also in such 
other language or languages as the fire commissioner of the 
city of New York, in such city, and elsewhere, the state 
fire marshal shall direct.'^f 



\ 



Fire Alarm Sigxal Systems 

After careful consideration the Commission has come to the 
conclusion that a fire alarm signal system is necessary in every 
factory building over two stories in height in which more than 
25 persons are employed, to notify the occupants promptly of the 
occurrence of fire. Tn the Triangle Waist Company fire the em- 



• Matter in itnlua Is new; matter In brackets [ 1 la old law to be omitted, 
t Bill 3, Appendix I. 



Keport of Commission. 



67 



ployees on the 9th and 10th stories were not promptly notified of 
the outbreak of fire on the 8th story. That delay, short as it was, 
undoubtedly contributed greatly to the loss of life. 

We do not believe that there should be any hard and fast re- 
quirements in the statute itself as to the kind and number of 
signals. The provision of the statute should be general, leaving 
it to the fire commissioner in the city of New York and the state 
fire marshal elsewhere, to determine what methods shall be used 
in the different types of factories throughout the state. Kequire- 
ments that would be necessary in a high loft building in New York 
City would be superfluous in a small country factory. We there- 
fore recommend the following provision: 

" Every factory huilding over two stories in height in 
which more than twenty-five persons are employed above the 
ground floor shall he equipped with a fire alarm system tuith 
a sufficient numher of signals clearly audihle to all occupants 
thereof. The industrial hoard 7nay make rules and regula- 
tions prescribing the numher, kind and location of such 
signals. Such system shall he installed by the owner or lessee 
of the huilding and shall permit the sounding of all the 
alarms within the huilding whenever the alarm is sounded in 
any portion thereof. Such system shall he maintained in 
good working order. No person shall tamper with, or render 
ineffective any portion of said system except to repair the 
same. It shall he the duty of whoever di-scovers a fire td 
cause an alarm to he sounded immediately/^* 

FiEE Drills 

MTOi^ last report we referred very fully to the necessity for 
fire drills in factories. The greatest danger in a factory fire is 
the panic and pandemonium that arise when the cry of fire rings 
through the workroom, and the operatives rush madly to the exit 
that they generally use. This exit is often the elevator which in 
most fires is soon rendered useless. 

In many of the larger buildings where occupants use the eleva- 
tors for passage to and from their work, the location of the stairs 
or exterior fire-escapes, as has been said, is unknown. A fire drill 
conducted periodically under competent supervision would give 
the employees in case of fire a sense of security now entirely 



•Bill 4. Appendix L 



% 



68 



Kkpokt of CV)\i.\iisMu.\. 






I 



I 

III 

I 

I 



» 



lacking; it would show them the location of all the exits, the 
quickest way to reach them and how to use them; it would em- 
phasize clearly the necessity for keeping passageways to exite un- 
obstructed and constantly bring to the minds of employer and 
employee alike the possibility of fire and the necessity for using 
every precaution to prevent it. 

It is our belief that regular tire drills are the best means of 
preventing panic when fire occurs. Although the good discipline 
resulting from them cannot be made so effective in a factory as 
m a school, it undoubtedly would go far in preventing a mad rush 
toward the exits. We therefore recommend that in every factory 
building over two stories in height in which more than twenty- 
hve persons are employed above the ground floor a fire drill shall 
take place at least once a month, which will conduct all the 
occupants of the building to a place of safety and in which all 
the occupants in the building shall participate simultaneously. 
Jn New York City the fire commissioner and in the rest of the 
state the state fire marshal shall supervise such drills and shall 
make regulations therefor. 

Tt is particularly important that in a loft building where dif- 
ferent floors are occupied by different tenants there should be a 
co-operative fire drill, tliat is, a drill participated in simulta.,- 
eously by all of the occupants of the building, including the em- 
ployees of its different establishments. Only in this wav can it 
be determined whether the exit facilities furnished are adequate 
to enable the occupants to escape at a time of fire. 

Fire drills participated in only by the employees of one floor of 
a factory building are not of any great value b«!ause the probable 
conditions of a fire are not in this way reproduced. 

We therefore recommend that in case of buildings containing 
more than one tenant, the fire commissioner and the state fire 
marshal as the case may be. shall make rules and regulations 
suitable for the adequate co-operation of all the tenants of the 
building. Such rules should also prescribe upon whom shall rest 
the duty of carrying them out. 

Automatic Sprinklers 
The necessity is very apparent of an efficient means of extin- 
piishmg fire in its incipient stages, particularly in high bnild- 



Report of Commission. 



69 



t*t 



iugs. Fire departments are unable to reach with their ladders 
any point above the seventh story of a building, or higher than 
ninety feet above the ground. Ordinary precautions are there- 
fore insufficient above that height. 

The automatic sprinkler system consists of a tank usually upon 
the roof of the building, containing an independent supply of 
water, communicating with pipes which run along the ceilings of 
each floor. At regular intervals in these pipes are placed what 
is known as '' sprinkler heads," fastened with fusible nuts, which 
when exposed to a certain degree of heat automatically melt and 
discharge a flow of water. The chiefs of various fire departments 
testified that one of the best means of preserving life, especially 
in high buildings and in those where wooden trim is used, is an 
automatic sprinkler system. The fire chief of the city of New 
York and the fire commissioner then in office testified after the 
fire in the building of the Triangle Waist Company that if an 
automatic sprinkler system had been installed in that building, 
the fire would have been checked at its beginning or would have 
been confined to a very small area, and not a single life would 
have been lost. 

The Superintendent of Buildings of the city of New York, in a 
memorandum submitted to the Commission last year said:* 

" Of greater importance than fireproof construction as a 
safeguard is an efficient means of extinguishing fire in its 
incipiency. For this purpose there is nothing better than 
a well designed automatic sprinkler system." 

The advisory expert to the Commission in 1911 in his report 
stated as follows :f 

" It is believed that the sprinkler system where properly 
installed will, in many cases extinguish fire in its incipiency 
and in most cases will retard its spread affording more time 
for the escape of persons to safety and preventing the fire 
from gaining material headway until the arrival of the fire- 
men. They should be required in all non-fireproof factory 
buildings occupied by more than 200 persons above the first 



•Volume I, Preliminary Report New York State Factory Investigating 
Commission, p. 689. 

t Volume I, Preliminary Report New York State Factory Investigating 
Commission, p. 153. 




'^ Report of Commission-. 

story and exceeding three stories or forty feet in height In 
fireproof buildings with window openings protected with 
approved fireproof frames, sash, and glass, sprinkler systems 
tTliS""^ '^ *°*^ ^'*'"^'''^ ^' " protection of property than 

The advisory expert to the Commission in 1912, in his report, 

B&IQ I 

" Sprinkler systems are quite as effective in fireproof as in 
non-fireproof buildings especially in preventing the spread of 
fire and giving the occupants more time to make their safe 
exit from the building." 

The Efficiency of the System 

The Superintendent of Buildings in Xew York City in his 
memorandum quoted above, said that fully 90% of the fires in 
buildings equipped with automatic sprinklers have been extin- 
guished in their incipient stages or effectively held in check. 

Testimony as to the efficacy of sprinkler systems varies, but 
the lowest estimate of their successful operation is 75%, and the 
highest, 95 %. Proof was given that in New England mills where 
sprinkler systems have been in use for many years, there was only 
one loss of life where the sprinkler system was installed, and in 
that case the water supply for the system was cut off just before 
the fire. 

The installation of an automatic sprinkler system eventuallv 
pays for itself by the reduction of fire insurance premiums granted 
where the system is installed. The reduction varies from 35% 
to 50% in insurance premiums on building and contents. The 
reduction of premiums is allowed, however, only if the system is 
one approved by the National Board of Fire Underwriters, consist- ' 
mg of representatives of most of the fire insurance companies in 
the United States. Anyone desiring to obtain the benefit of a re- 
duction in insurance rate must install one of these approved 
systems. Some testimony was offered indicating that there was 
or had been an arrangement or understanding by which high prices 
were charged for these systems, but this statement was declared to 
be without foundation by many witnesses, including arohitc-ts 
and engineers. Testimony was given that anv competent plumber 



Report of Commission. 



71 



could install a sprinkler system which would be effective in case 
of fire. 

The Commission has had no opportunity to conduct the thorough 
investigation into this subject that is necessary to ascertain the 
full facts, but recommends that such an investigation be made. 

Recommendations for Existing Buildings 

The Commission, although desiring in view of the circumstances 
to make no drastic recommendations on this subject, is nevertheless 
convinced that in buildings over seven stories or 90 feet in height 
in which wooden flooring or wooden trim is used and in ^vhich 
manufacturing is carried on above the seventh story and more than 
200 persons are employed above that story, the only safe means to 
prevent the spread of fire and the loss of life incidental thereto, 
would be the installation of an automatic sprinkler system. 

The danger to life is just as great in a fireproof building where 
wooden trim and wooden floor finish are used, as it is in a non- 
fireproof building, particularly where manufacturing is carried 
on at a height which is beyond the reach of the fire fighting and 
life saving equipment of the fire department and where a large 
number of persons are employed above that height. It will be 
found also that in practically all of the manufacturing carried 
on above this height the materials of manufacture are of a more 
or less inflammable character. We therefore recommend that 
in existing buildings an automatic sprinkler system be required 
under the conditions mentioned. 



Recommendations for Future Buildings 

In the case of buildings hereafter constructed, the Commission 
recommends that an automatic sprinkler system be installed in 
all buildings over seven stories or ninety feet in height with 
wooden floor or wooden trim in which any manufacturing is 
carried on above the seventh story, irrespective of the number of 
persons employed above that story. In most buildings of this 
kind now being constructed automatic sprinkler systems are 
installed. 



72 



Report of Commission. 



Report of Commission. 




Recommendations for Both Existing and Future Buildings 
In addition to the minimum req.nreraents set forth above for 
existing buildings and buildings hereafter erected, the Commission 
recommends that the industrial board be authorized to make rules 
and regulations for the installation of automatic sprinkler systems 
m every case in which they are needed because of the hazardous 
character of the business carried on, to ensure the safety of the 
occupants of the factory building* 

FiKE Escapes and Exits in Existing Buildings 

We make the following recommendations for exits and fire- 
escape facilities in existing factory buildings. 

Required Exits 

on each floor with at least two means of exit or escape from fire 
and these exits should be remote from each other. One of the 
exits should lead to or open on an interior stairway or to an ev 
tenor enclosed fireproof stairway, the other to one of such stair- 
ways or to a horizontal exit or to an exterior screened stairway, or 
when, in the opinion of the Industrial Board the safety of the oc- 
cupants of the building would not be endangered thereby, to fire- 
escapes on the outside of the building. No portion of any floor 
of such factory should be more than 100 feet distant from one such 
means of exit. 

^ A horizontal exit is an opening through a fire wall in a build- 
1^. or through a party wall between two buildings, or through 
exterior balconies connecting a building with an adjoining or 
nearby structure. ° 



73 



on Workmen's Compensation ^"""'' °' Architects; Joint LabSr Confe,"n^ 

au,iSl,l?Tp"rfn\"feris'r%'al'Skb'l"e''rS,e;'n"s'S? S""""" "' •^'» inference the 
be reculred ,n more huUd.n.s tht?thSseTp?e?„e°d' "n?h.?7tre"<i:>-mr,f„^'srBir 






Inadequacy of Outside Fire-E scapes 

Even in the case of existing buildings, we have hesitated to 
reconiniend that an outside fire-escape be under all circumstances 
accepted as a required means of exit. Such fire-escapes are as 
a general rule totally inadequate in case of fire. The objections 
to the use of such fire-escapes as a means of exit have been ably 
summed up in a brief submitted to the Commission as follows:* 

" All outside fire-escapes are open to the following objec- 
tions: Inmates are not accustomed to their use and do not 
generally seek them except as a last resort. They do not 
allow of a quick and ready means of escape, as persons are 
unaccustomed to them and will move along slowly, thus de- 
laying those who are following. In wintry weather they are 
liable to be obstructed by snow and ice, and when covered 
with sleet or ice become unsafe and dangerous. Very often 
they are rendered useless becase of smoke and flame issuing 
from the windows at which they are placed. The means of 
getting from the lowest balcony is generally the least satis- 
factory of the entire equipment, and being at a point where 
it is most needed greatly delays quick egress. They are 
liable to be blocked by being used as storage platforms, and 
no amount of inspection can entirely prevent this in crowded 
districts. Numerous instances may be found in the public 
press in which inmates seeking fire-escapes have failed to 
know what to do and have waited for the fire department to 
come and take them down. On account of the contracted 
dimensions of these fire-escapes large persons have some- 
times found difficulty in making proper use of them. The 
fire department has generally advocated their use, but it 
will be found that this advocacy is based on a desire to have 
a means of getting into the building ; but if desirable for this 
purpose, then they should be provided as such and not offered 
to the inmates as a satisfactory means of egress." 

Only under conditions prescribed by the Industrial Board 
should outside fire-escapes be accepted as one of the required means 
of exit in existing buildings. In the case of buildings hereafter 
erected we unhesitatingly recommend that the construction of out- 

«# r»?*'x/ submitted by Rudolph P. Miller. Volume I of the Preliminary Report 
or the New York State Factory Investigating Commission, p. 699. 



II 



74 



Report of Commission. 



Report of Commission. 



75 



m 



side fire-escapes be discouraged and that under no circumstances 
should they be allowed as a required exit from a factory. 

Stairways to the Eoof 

Wherever it is found that egress may be had from the roof of 
a factory building to an adjoining or neighboring structure, we 
believe that it is necessary that stairways extending to the top floor 
of the building be continued to the roof to enable the occupants of 
the building to escape in case of fire. Of course where egress may 
not be had from the roof it would be an unnecessary expense to 
require the stairways to be continued to the roof. All stairways 
that constitute required means of exit from the building should be 
extended to the roof. 

Stairiva^ Enclosures 

There are very many buildings throughout the state with wooden 
stairways which are unenclosed or which are enclosed by non-fire- 
proof partitions. In many cases such stairways wind around 
hoistways and elevator shafts. When a fire occurs it spreads 
through these stairways like a flame through a chimney, and ren- 
ders escape impossible by means of the stairs. The rapidity with 
which a fire spreads in buildings in this country as compared w^ith 
European countries, is undoubtedly due to the fact that we have 
here neglected properly to protect vertical openings. 

In the opinion of every expert on the subject, the vertical hazard 
constitutes a very grave danger. The unenclosed wooden stair- 
way in a factory building is a menace to property and to life. A 
number of great fires occuring in this country has plainly 
shown this fact. To require the wooden stairs to be removed and 
fireproof ones erected would in our opinion be too great a hard- 
ship. Reasonable safety will be afforded if these stairways are 
enclosed by partitions or walls of fire-resisting material. The oc- 
cupants of the building will thus be permitted to descend the stairs 
in safety, since the fire will be checked at the entrance to the stairs. 
We therefore make the following recommendation: 

All interior stairways serving as required means of exit in 
buildings more than four stories in height and the landings, 
platforms and passageways connected tliercwith shall be en- 



closed on all sides by partitions of fire-resisting material ex- 
tending continuously from the basement. 

Doors 
The present labor law (section 80) provides that doors leading 
to exits shall open outward wherever practicable. Up to the 
time of the Triangle Waist Company fire this provision was liber- 
ally construed and there were but few orders requiring changes in 
existing doors. That fire showed, however, the grave danger to 
life caused by doors opening inward in a factory building, par- 
ticularly where large numbers of persons are employed. The fact 
that the doors opened inward undoubtedly contributed to the great 
loss of life occurring in that fire. We therefore recommend that 
where five or more persons are employed on any one floor of a 
factory building, every door on such floor shall open outward or 
slide freely and that all exit doors in the first story including the 
doors of the vestibule, shall open outward. All doors that open 
outward, however, shall be so constructed as not to obstruct the 
passageway. 

Outside Fire-Escapes 

As previously mentioned, the Commission places little reliance 
on an outside fire-escape as a means of escape during fire. In ex- 
isting buildings we have recommended that such fire-escapes be ac- 
cepted as a required exit only where the safety of the employees 
in the building would not be jeopardized thereby. We are sub- 
mitting, how^ever, to the legislature detailed specifications for the 
construction of fire-escapes to be placed hereafter upon existing 
buildings.* 

Existing Outside Fire-E scapes 

As they are at present constructed, many existing outside fire- 
escapes are nothing but fire traps. Often there is no stairway 
leading to the roof, no proper stairway leading to a landing place 
and a fire-escape often ends in a blind alley or cul-de-sac from 
which no escape is possible. 

Under no circumstances should the so-called vertical ladder 
type of fire-escape be permitted and no existing outside fire-escape 
should be accepted unless it has stairways placed at an angle of 

• Bill 6, Appendix I. 



76 



Report of Commission. 



I'i 



not more than 60°. We recommend the following requirements 
for fire-escapes now in existence on factory buildings: 

1. A stairway leading from the top floor balcony to the roof 
except where the fire-escapes are located on the front of the 
building. 

2. A " counter-balanced '^ stairway from the lowest balcony to 
a safe landing place beneath. 

3. Safe and unobstructed exit should be provided to the street 
from the foot of the fire-escape either by a fireproof passageway 
leading to the street and adequately lighted, or into an open area 
having communication with the street. 

4. Where the distance from the floor of a work-room to the sill 
of the window opening upon a fire-escape is more than three feet, 
suitable steps should be provided to reduce such distance. 

5. The windows of all openings leading to fire-escapes should 
have metal frames and sash, and wired glass. "Doors leading to 
fire-escapes should be of fireproof construction. 

Requiremknts for New Buildings 

Fireproof Construction 

The Commission is of the opinion that all buildings hereafter 
erected over four stories in height should be of fireproof construc- 
tion if used for factory purposes. The difi'erence in cost between 
a building of fireproof construction and a building of mill or slow 
burning construction is rapidly decreasing owing to the increasing 
cost of lumber. 

Experience in European countries has shown that the con- 
struction of buildings of fire-resisting materials has resulted in 
confining a fire to a limited area, and as a consequence in those 
countries the fire loss is, as has been pointed out, much less than 
in the United States. A building hereafter erected should be 
deemed of fireproof construction if it conforms to the following 
requirements : 

All walls constructed of brick, stone, concrete or terra- 
cotta; all floors and roofs of brick, terra-cotta or reinforced 
concrete placed between steel or reinforced concrete beams 
and girders; all the steel entering into the structural 



Report of Commission. 



77 



parts encased in at least two inches of fireproof ma- 
terial, excepting the wall columns, which must be encased in 
at least eight inches of masonry on the outside and four 
inches on the inside; all stair-wells, elevator wells, public 
hallways and corridors enclosed by fireproof partitions with 
metal-covered doors, trim and sash; all stairways, landings, 
hallways, and other floor surfaces of incombustible material ; 
no woodwork or other combustible material used in any 
partition, furring, ceiling or floor ; and all window frames, 
doors and sash, trim and other interior finish of incombus- 
tible material ; all windows shall be fireproof windows except 
that in buildings under seventy feet in height, fireproof 
windows are required only when within thirty feet of another 
building; except that in buildings under one hundred feet 
in height there may be wooden sleepers and floor finish and 
wooden trim. 

Construction of Factory Buildings over One Story 

IN Height 

We make the following recommendations for the construction of 
factory buildings hereafter erected over one story in height. 

Roofs and Cornices 

The roofs of all buildings should be covered with incombusti- 
ble material and their cornices should be constructed of such 
material. The necessity for a fire-resisting roof covering to serve 
as a protection from heat, sparks or embers from a neighboring 
fire or from more distant sources, was directly emphasized in the 
fire of 1902 at Paterson, N. J., where several fires broke out in 
diiferent parts of the city at one time from flying embers falling on 
wooden roofs. Likewise, in order to prevent the rapid spread of 
fire from one building to another, all exterior walls of a non-fire- 
proof building within twenty-five feet of any other non-fireproof 
building should be not less than eight inches thick and should ex-^ 
tend to three feet above the roof. 

Floor Area and Required Exits 

There should be from every floor area not less than two means 
of exit remote from each other, one of which should be an interior 



78 



Report of Commission. 



m 




enclosed fireproof stairway or an exterior enclosed fireproof stair- 
way and the otlier should be one of such stairways or a horizontal 
exit. The term " floor area '' signifies the entire floor area be- 
tween fire walls or betw^een a fire wall and an exterior wall of a 
building or between the exterior walls of a building where there 
is no intervening fire wall. 

The Commission is of the opinion that the present type of out- 
side fire-escapes consisting of inclined stairways should not be per- 
mitted as required means of exit in factory buildings hereafter 
constructed. 

Ko point in any floor area should be more than 100 feet distant 
from one such exit. Whenever any floor area exceeds 5,000 
square feet there should be provided at least one additional exit as 
before described for each 5,000 square feet or part thereof in ex- 
cess of 5,000 square feet. 

Smoke-proof Towers 

Undoubtedly the best type of fire-escape for a factory building 
is the so-called Philadelphia fire tower which consists of a stairway 
enclosed by fire-resisting material, separated from the interior of 
the building, except for an exterior balcony at each floor level 
which forms a means of communication through the outer air be- 
tween the tower and the interior of the building. Such fire-escapes 
have no direct communication with the interior and the danger 
from smoke is reduced to a minimum. Interior or covered ves- 
tibules may take the place of the exterior balconies. Such vesti- 
bules should open to the outer air by means of openings in tlie 
exterior wall extending from floor to ceiling. Any smoke that 
may chance to enter the tower from the interior of the buildiiiir 
thus escapes directly to the outer air. 

We therefore recommend that in every new factory building 
over 100 feet in height there shall be at least one such tower stair- 
way to which access can readily be had from any point in the 
building. 

Construction of Stairways 

All stairways should be constructed of incombustible material 
and should be not less than 44 inches wide. The stairways should 



Report of Commission'. 



79 



) 



be wide enough to permit two persons to go down abreast comfort- 
ably. The treads should be not less than 10 inches wide exclu- 
sive of nosing and the rise not more than 7% inches, and the 
sum of the rise and tread should be not less than 17% inches. The 
treads should be constructed and maintained in such a manner as 
to prevent persons from slipping thereon. Every stairwav should 
have proper and substantial hand-rails. All stairways serving as 
required means of exit should lead continuously to the street or 
to a fireproof passageway independent of other means of exit from 
the building, opening on a road or street, or to an open area 
affording unobstructed passage to a road or street. All stairways 
that extend to the top story should be continued to the roof. Pro- 
vision should be made for the adequate lighting of all stairways 
by artificial light. 

Winders 

No stairway with winders should be permitted except as a con- 
nection from one floor to another. Winders are a source of great 
danger in case of fire, causing congestion and consequent panic. 
They are forbidden in ISTew York City in theatres and public 
buildings, and there is every reason to prohibit them in the future 
in factory buildings where the fire hazard is far greater. 

Enclosure of Stairways and Elevator Shafts 

Every stairway and elevator shaft should be enclosed on all 
sides by fireproof partitions extending continuously from the base- 
ment to three feet above the roof. 

We have already discussed the necessity for the enclosure of 
stairways in existing factory buildings. There can be no doubt 
about the necessity for this requirement in factory buildings over 
one story in height hereafter constructed. 

Enclosure of Vertical Openings 

The principal aim in the future construction of factory build- 
ings is to confine a fire to a limited area and to prevent its spread 
from one floor to another. All vertical openings leading from 
one floor to another, including elevator and dumbwaiter shafts, 
vent and light shafts, pipe and duct shafts, and hoistways should 



• 






80 



Report of Commission. 



be enclosed throughont their height on all sides by enclosures of 
fireproof material. 

" San Francisco's experience indicates that wells and ele- 
vator shafts, running up through many stories, should be 
guarded by brick or reinforced concrete walls, fitted with 
double metal rolling doors, bolted to the walls to allow for 
expansion, or with automatic sliding doors and wire glass 
partitions. There was little or no provision for cutting off 
the draught of air that will ascend through such a shaft 
during a fire, and great destruction resulted in consequence."* 

Doors and Doorways 

All doors should open outward. We have already discussed the 
necessity for this provision in the case of existing buildings. The 
width of hallways and exit doors leading to the street, at the street 
level, should be not less than the aggregate width of all stairways 
leading to them. Every door leading to or opening on a stairway 
should be of at least the same width as such stairway. 

Partitions 

To permit the use of wooden partitions in buildings of fireproof 
construction hereafter erected is highly illogical, and defeats the 
purpose of making the interior of the building as fireproof as 
possible. We therefore recommend that all partitions in the in- 
terior of buildings of fireproof construction hereafter erected shall 
be of incombustible material. 

Requirements Common to Buildings Heretofore and 

Hereafter Erected 

The Commission makes the following recommendation for re- 
quirements that shall apply to all factory buildings, those now in 
existence and those hereafter erected. 

Doors and Windows 

!N'o door, window or other opening on any floor of a factory 
building should be obstructed by stationary metal bars, grating or 

• " The San Francisco Earthquake and Fire "—Bulletin No. 324, United States 
Geological Survey. 



Report of Commission. 



81 



wire mesh. Metal bars, grating or wire mesh provided for any 
such door, window or other opening should be so con- 
structed as to be readily movable or removable from 
both sides in such manner as to afford the free and unobstructed 
use of such door, window, or other opening as means of egress in 
case of need, and they should be left imlocked during working 
hours. No door leading into or out of any factory on any floor 
thereof should be locked or bolted during working hours. 

Exit Signs 

The Commission ascertained, by investigation and testimony, 
that exits to outside fire escapes and interior stairways were often 
unknown to many of the operatives. It is essential that the loca- 
tion of these exits be clearly indicated. We recommend, therefore, 
that a clearly painted sign marked " EXIT " in letters not less 
than eight inches in height shall be placed over all exits leading to 
stairways, elevators and other means of egress, and, in addition, 
a red light shall be placed over such means of egress for use in 
time of darkness. 

Access to Exits 

A contributing cause to the loss of life in the Triangle Waist Co. 
fire was the lack of clear passageways leading either to the outside 
fire-escapes or to the stairways or elevators. The operatives were 
crowded together, seated at machine tables with chairs back to 
back, so that, when a great number of them attempted to leave at 
the same time, there was panic and confusion. 

The tables containing the sewing machines on the 9th floor were 
placed so close to the south wall of the building that the only con- 
venient way for the operatives seated near that wall to reach the 
elevators and stairways at the southwest corner, was to walk the 
entire length of the crowded space between the tables, to the north 
side of the building and then use the aisles which extended along 
the north and west sides of the building. As a result twenty 
dead bodies were found near the machines, the operatives being 
"apparently overcome before they could extricate themselves 
from the crowded aisles." * 



• Report of the New York Board of Fire Underwriters. 

6 



82 



Report op Commission. 






The Coroner's jury which investigated the fire made the fol- 
lowing report on this subject : 

" We find that one of the tables to which the machines 
were attached and at which the employees worked, was 75 
feet long, and that it extended along one side of the room to 
within 16 inches of a partition at another end, thus leaving 
only 2 passageways, one of about I314 inches and one of 
16 inches, which the employees, working at that table, were 
obliged to pass to reach the stairways and elevators. The 
condition which prevailed in this buildin^r obtains in manv 
similar buildings." 

The Commission's investigators found that in many buildings 
the work tables, merchandise, stock, and even the workers were 
crowded together so as to make it impossible for the employees to 
move about with freedom. The aisles in many cases were found 
to be too small or narrow to admit of easy passage. Exits were 
often found to be obstructed by the erection of temporary parti- 
tions put up indiscriminately by tenants without any considera- 
tion of the obstruction of exits and passageways. 

We therefore recommend that there shall at all times be main- 
tained continuous, safe, unobstructed passageways on each floor 
of the building, with an unobstructed width of at least three feet 
throughout their length leading directly to every exit including 
outside fire-escapes and passenger elevators and that all exits shall 
be maintained in an unobstructed condition. 

Industrial Board to Make Rules and Regulations for 

Safety 

The foregoing are simply minimum requirements for the 
safety of the occupants of factory buildings in case of fire. It 
is obviously impossible to provide for every contingency in a 
statute. We would recommend, therefore, that in addition to 
these minimum requirements the statute contain a provision that 
no factory shall be conducted in any building whether heretofore 
or hereafter erected, unless such building shall be so constructed, 
equipped and maintained in all respects as to afford adequate pro- 
tection against fire to all persons employed therein, and that the 
Industrial Board shall have the power to adopt rules and regula- 



Report of Commission. 



83 



tions, establishing requirements and standards for the construc- 
tion, maintenance, and equipment of factory buildings or of 
particular classes of factory buildings and the means and adequacy 
of exits therefrom, in order to ensure the safety of all of the 
occupants in factory buildings, in addition to the specific require- 
ments of the statute and not inconsistent therewith. 

Limitation of the Number of Occupants 

That every factory building should have exit facilities suf- 
ficient to enable all of the occupants thereof to escape in safety in 
cas(.' a fire occurs seems open to no question. Yet in actual 
practice, that requirement has been entirely disregarded. Em- 
ployees are crowded into our tall loft buildings and our converted 
tenement housc.«? with no provision for escape in case of fire. This 
condition is permitted by law. The number of stairways required 
in a building under the present provisions of the building code of 
New York City (and those provisions are substantially followed 
in other cities of the state) is based not upon the number of 
occupants or even upon the height of the building but upon its 
area. The present provision of the labor law simply provides that 
there shall be 250 cubic feet of air space in a factory for each 
occupant. As the ceilings in most cases are high, this provision 
does not prevent overcrowding. The theatre law for several 
years past has limited the number of occupants in theatres in 
accordance with exit facilities provided. This same provision we 
l)elit've should be extended at once to factories where the fire 
hazard is so much greater and where the height at which manu- 
facturing is carried on involves increased danger to life. 

The problem in existing buildings which have been permitted 
by law to be erected without regard to the safety of the occupants, 
is a very difficult one. It has been urged that requirements for 
added exit facilities would work hardship upon the owners; but 
the duty of the state in this regard is a plain one and should not 
be shirked. No requirement necessary for the preservation of 
the lives of the employees in these factory buildings in case of fire 
is unreasonable. That we have been indifferent and neglectful in 
the past is no reason why we should continue to disregard the 
fundamental laws of safety. 



84 



KkTOKT of C^OMMISSIOX. 



Limitation of Number of Occupants According to Stairways 

We recommend therefore that the number of persons permitted 
to be employed on any one floor of a factory building shall be 
limited in accordance with the size and number of exits provided 
and that such number of persons be allowed to increase in pro- 
portion to the additional exits or means of extinguishing or pre- 
venting the spread of fire provided by the owner or tenant. 

For that purpose we recommend certain minimum require- 
ments that may however be increased and made more stringent 
when and where in the opinion of the Industrial Board such a 
course is necessary for the safety of the occupants in different 
classes of factory buildings. 

The ordinary means of exit in case of fire are interior stair- 
ways, elevators, and outside fire-escapes. The Commission be- 
lieves that in determining the number of persons to be permitted 
to work on a floor no allowance should be made for elevators and 
outside fire-escapes. Their availability in case of fire is always 
more or less uncertain. In this view we are supported by all of 
the experts who have appeared before us. 

Capacity of Stairways in Existing Buildings 

The capacity of the stairway as an exit is limited by its height 
and width. It is manifest therefore that the number of persons 
occupying the building must bear some relation to the capacity of 
stairways in the building. 

After careful consideration of the testimony of experts and 
parties in interest appearing before the Commission and of the 
briefs submitted by them, we recommend that in existing build- 
ings, no more than 14 persons shall be employed or permitted to 
work on any one floor of a factory building for every 18 inches in 
width of stairway provided for such floor and that for any excess 
in width of less than 18 inches a proportionate increase in the 
number of occupants shall be allowed. For every additional 10 
inches over 10 feet in height of any floor, one additional person 
shall be permitted to be employed thereon for every 18 inches in 
width of stairway provided for such floor. 

Occasions may arise, however, where this requirement might 
work hardship. For example, one floor of a building may have 



Report of Commission. 



85 



a great may occupants on it while the floor below may be used as 
a show-room and have but few employees on it. In that event 
an additional allowance may safely be made in present buildings. 
We recommend, therefore, that the Industrial Board be given 
power to make rules and regulations allowing an increase in the 
number of occupants on any floor of a factory building heretofore 
erected, but not exceeding the rate of 20 persons for every 18 
inches in width of stairway, where the conditions are such as to 
warrant such increase and where the safety of the employees in 
the building would not be endangered thereby. 

The limitation of the number of occupants in existing factory 
buildings is a very drastic innovation, and it is only just and 
proper that the Industrial Board be given some discretionary 
power to afford relief in cases where the minimum requirement 
outlined in the statute would work hardship and would be un- 
necessary to secure the safety of the occupants of the building. 

Reduction for Winders 

If any stairway has winders the capacity of the stairway should 
be counted as 10 per cent, less than the capacity of a straight 
stairway of the same width. Winders are a source of danger in 
case of fire and cause congestion and consequent inability to es- 
cape rapidly. A stairway with winders can accommodate fewer 
persons than a straight stairway. 

Capacity of Stairways in Future Buildings 

In the case of buildings hereafter constructed we recommend 
that not more than 14 persons shall be employed or permitted to 
work on any one floor for every full 22 inches in width of stair- 
way provided for such floor and that no allowance be made for 
any excess in width of less than 22 inches. We have already 
recommended that in case of buildings hereafter constructed all 
stairways shall be not less than 44 inches wide and shall have no 

winders. 

Enclosed Stairhalls 

Where the stairways and stairhalls are enclosed in fireproof 
partitions properly constructed, and the openings in such parti- 
tions are provided with fireproof doors, so many additional persons 



1 

I 



86 



Report of Commission. 






i 



may be employed on any floor as can occupy the enclosed stair- 
hall or halls on that floor allowing 3 square feet of unobstructed 
floor space per person. This allowance is based upon the assump- 
tion that the additional number of persons permitted on a floor 
will, when they enter the enclosed stairhall, reach a zone of safety, 
within a comparatively short period of time. The partition wall 
separating the stairhall from the loft in which the fire occurs, will 
resist the fire long enough to enable the employees to escape from 
the building. 

Horizontal Exits 

Horizontal exits are afforded when there is provided in the 
building one of the following: 

1. A fire wall extending from cellar to roof constructed of 
brick, porous terra-cotta blocks, or reinforced stone concrete, and 
having at each floor level one or more openings protected by fire- 
proof doors so constructed as to prevent the spread of fire or 
smoke through the openings. The openings shall be unobstructed 
and unlocked whenever any person is employed on either side. 

2. Openings in the party wall separating two buildings pro- 
tected by fireproof doors constructed as described in the preceding 
paragraph. 

3. Exterior balconies or bridges not less than 44 inches in 
width connected with an adjoining or nearby building ; the doors 
opening out upon such balconies or bridges to be fireproof doors 
level with the floor of the balcony; the doors in the connected 
buildings opening on such balconies and bridges to be continuously 
kept unlocked and unobstructed whenever any person is employed 
on either side of the exit ; the balconies to be enclosed on all sides 
and at top and bottom by fireproof material unless all windows or 
openings upon such balconies or directly below them or within 30 
feet of them in the connected buildings shall be provided with 
metal frames and sash, and shall have wired glass where glass is 
used. 

The occupants on one side of a horizontal exit in case of fire 
simply pass through the doorways in the fire wall, party wall, or 
exterior balcony as the case may be. These doorways are self- 
closing and the employees thus find themselves in what is practi- 



Report of Commission. 



87 



cally an independent structure so far as the danger from the fire 

is concerned. 

Where a horizontal exit is properly constructed and maintained, 
we recommend that such additional number of persons may be 
employed on any one floor as can occupy the smaller of the two 
spaces on either side of the fireproof partitions or fire walls or as 
can occupy the floor of an adjoining or nearby building which is 
connected with such floor by openings in the party wall or by ex- 
terior balconies or bridges, allowing 3 square feet of unobstructed 
floor space per person. There shall in every case be on each side 
of the wall, partition or exterior balconies forming the horizontal 
exit, at least one stairway conforming to the requirements of re- 
quired means of exit. 

Fire Division Partitions on one Floor 

A number of cases have been called to the attention of the Com- 
mission, where in fireproof buildings only one floor of the building 
would have more employees on it than could be safely accommo- 
dated on the stairways provided for that floor. These buildings 
had all been erected recently and it was urged that it would be 
a hardship to compel in such cases the construction of a fire wall 
extending from the cellar to the roof. We believe that in the 
case of buildings of fireproof construction, heretofore erected 
where a floor is sub-divided by partitions of brick, terra-cotta, or 
concrete not less than 4 inches thick, extending continuously from 
the fire proofing of the floor to the under side of the fire proofing 
of the floor above, with all openings protected by fireproof doors, 
such additional number of persons may be employed on the floor 
so bisected as can occupy the smaller of the two spaces on either 
side of such division partitions allowing 3 square feet of imob- 
structed floor space per person. There must, however, be on each side 
of said partitions at least one stairway conforming to the require- 
ments for required means of exit and the doorways in the parti- 
tions shall be kept open and unobstructed during working hours. 
The windows on the floor on which the division partition is con- 
ttructed and on the two floors directly underneath shall be fire- 
proof windows. 



88 



Report of Commission. 



Automatic Sprinklers 

Where automatic sprinklers are provided, we recommend that 
the number of persons permitted to work on any one floor based 
upon the capacity of the stairways provided for that floor, be 
increased fifty per cent. In other words, where automatic 
sprinkler systems are installed in existing buildings there may 
be 21 persons for every 18 inches in width of stairway on any 
one floor instead of 14 persons, and in the case of buildings 
hereafter constructed, 21 persons for every 22 inches in width 
of stairway instead of 14 persons. 

The sprinkler system is conceded to be the most efficient means 
of rapidly checking the spread of fire. Although it does not in 
itself afford an additional means of escape, yet by keeping the fire 
in check and confining it to a small space it is recognized as one 
of the best indirect means of assisting escape when a fire occurs. 
It is for this reason that we believe the number of persons on 
a floor may safely be increased fifty per cent., if a sprinkler 
system is installed. 

Prevention of Congestion 

The Commission is of the opinion that in order to prevent con- 
gestion it is necessary to limit the number of persons permitted 
to occupy any floor, irrespective of the exits provided for that 
floor. The Commission believes that there shall be not less than 
36 square feet of floor space per person in a building of non- 
fireproof construction and 32 square feet of floor space in a build- 
ing of fireproof construction. This limitation is to apply gener- 
ally to all factory buildings and to take the place of the provision 
requiring 250 cubic feet of air space per person, which is now in 
force. That the present provision is inadequate even for the 
purpose for which it was designed, namely, to furnish sufficient 
ventilation, is generally conceded. 

The recommendation we are making will not only prevent con- 
gestion but it will also insure better ventilation. 

Posting 

We recommend that in every factory building over two stories 
in height the Commissioner of Labor shall cause to be posted 



Report of Commissiox. 



SO 



notices specifying the number of persons that may occupy each 
floor in accordance with the exit facilities provided as previously 
recommended. Every such notice shall be posted in every stair- 
hall and in every workroom. Xo more persons shall be permitted 
to work on any one floor of a factory than are specified in such 
posted notices. 

Filing of Plans with Department of Labor 

We recommend that provision be made for the filing of plans 
for the construction or alteration of factory buildings with the 
Commissioner of Labor, for the approval of such plans by him 
if they comply with the provisions of the statute and the rules 
and regulations of the Industrial Board, and for the issuance of 
a certificate of compliance if the building is constructed or the 
alteration made in conformity with the plans and specifications 
filed. 

The Department of Labor will not be equipped with facilities 
for making the necessary inspection in the course of the con- 
struction or alteration of all buildings and the commissioner 
should be given the right to call upon the local building depart- 
ment to certify to him whether or not the building has been 
constructed or altered in accordance with legal requirements. 

Effect of the Foregoing Requirements as to Exits and 

Occupancy 

The requirements recommended by the Commission in this sec- 
tion should be additional to and not in substitution for the re- 
quirements of any special law or local ordinance relating to the 
construction, equipment or maintenance of buildings but should 
supersede all provisions inconsistent therewith in any special law 
or local ordinance. 

Detailed Specifications 

The detailed recommendations and specifications for construc- 
tion, relating to this subject will be found in Bill 'No, 6 in Ap- 
pendix I of this report. 






90 Report of Commission. 



III. 



MANUFACTUEING IN TENEMENTS 

For almost thirty years the legislature has attempted to regu- 
late the system of giving out factory products to be manufactured 
in tenement homos. In 1884 an act was passed prohibiting the 
manufacture of cigars and cigarettes in tenement houses in cities 
having over 500,000 inhabitants. This act was declared uncon- 
stitutional by the Court of Appeals in the case of In re Jacobs 
(98 N. Y., p. 98), referred to hereafter. 

From 1885, when the Jacobs case was decided, down to 1892, 
practically nothing was done to regulate or control manufacturing 
in tenement houses. The unsanitary conditions found in tene- 
ment workrooms made it necessary for the state to take some 
action, and in 1892 the system of licensing homework was estab- 
lished. The law passed in that year provided that a home worker 
engaged in finishing certain articles must obtain a license for the 
apartment in which he lived and worked. From time to time this 
law has been amended, but licensing is still its essential provision. 
It is no longer the apartment or the worker, but the entire 
tenement which must now be licensed before any manufacturing 
on forty-one specified articles can legally be done by any tenant. 
To-day more than twelve thousand tenements* in the state are 
thus licensed and all the families living in them may legally 
secure work to do at home. Articles not mentioned in the law 
may be manufactured in any dwelling. The Department of 
Labor is charged^ with the enforcement of this law. (Article VII, 
sections 100-105 of the labor law.) 

While the legislature has been amending the statute designed to 
resrulate the vast overflow of work from factories to tenement 
homes, and while the staters funds have been spent in the increas- 
ingly elaborate task of attempting to supervise home workrooms, 
the legislature at the same time has been seeking to develop an 
adequate plan of protection for women and child workers in 
factories. But so complex has been the problem presented to the 

* New York State Department of Labor. Bulletin No. B2. September, 1912, 
p. 338. 



Report of Commission. 



91 



lawmakers by the home-work system, that regulation of home 
workrooms has been limited merely to an attempted supervision 
of sanitary conditions. The laws passed to protect women and 
children in factories by shortening hours and preventing employ- 
ment at too early an age have never been extended to the home 
workers employed by factories. Furthermore, the unregulated 
condition of employees who work at home as compared with their 
fellow-employees who work in the shop, is an anomaly which tends 
to nullify the eifect of every provision of the labor law in its ap- 
plication to trades employing home-workers. Thus the home- 
work system challenges the attention of the legislature. 

The important phases of the subject are comprehended in these 
questions: 

Does the present law adequately protect the public health, in- 
cluding not only the physical well-being of the workers, but also 
the health of consumers ? If not, what further action should be 
taken by the state? 

Sources of Informatiott 

To answer these questions the Commission not only called wit- 
nesses at public hearings, but also caused an independent investi- 
gation to be made in order to ascertain (1) in what industries 
and in what localities home-work prevails, and to what extent 
manufacturers keep informed as to the actual conditions under 
which their work is done in the homes; and (2) what conditions 
commonly prevail in the homes of the workers ; what guarantee of 
sanitation the license provides, and how the labor conditions com- 
pare in general with the standards within the factories as to wages, 
hours of work, and the employment of children. Between May 
20th and August 1st, 1912, agents of the Commission visited 
factories and workers' homes in Auburn, Buffalo, Lockport, 
Niagara Falls, Ton a wand a, Rochester, Syracuse, Utica, Troy, 
Yonkers, Little Falls, Dolgeville, Herkimer, Gloversville, and 
Cohoes. The investigation in New York City was made between 
October 10th and November 25th, 1912. A preliminary investi- 
gation of this subject was made in 1911.* 



• Preliminary Report of New York State Factory Investigating Commission, 
p. 31 



92 



Report of Commission. 



The method of inquiry was to secure names of factories giving 
out home work by following newspaper advertisements for home 
workers and by seeking information from persons who have first- 
hand knowledge of industrial conditions in these communities. 
These factories were visited and the employers were asked to give 
names and addresses of the home workers on their payrolls. A 
fair proportion of these workers were visited at home.* In New 
York City the information secured by first-hand investigation was 
further substantiated by the testimony of witnesses at public 
hearings. 

Industries in Which Home Work is Found 

The list of articles named in the law, for the manufacture of 
which a house must be licensed, has been extended from time to 
time as home work in other industries happened to be brought to 
the attention of the legislature. The following is a list of the 
various articles manufactured in whole or in part in tenement 
homes. Those which by law can be made only in a licensed house 
are given in italics, j- 

I. Clothing, millinery. 

Coats, vests, trousers, overalls, knee pants, play suits, shirts, 
blouses, waistbands, suspenders, hose supporters. 

Dresses, tvaists, skirts, cloaks, kimonos, wrappers, jackets. 

Underwear, aprons, handkerchiefs, pillow-cases, bolster 
cases, sheets, napkins, tablecloths, roll covers. 

Infants' wear — bonnets, bibs. 

Jabots, neckwear, neck ornaments. 

Leggings. 

Hats, caps. 

* In New York City, 193 factories were visited, of which 147 stated that 
they empioyed home workers. Of these, 75 gave names and addresses of thejr 
home workers. The total number of addresses at which inquiries were made 
was 1.020. Records of nearly 400 families were secured with detailed information 
concerning 306 of those households. In addition. 148 families were visited in 
other cities of the state. Miss Elizabeth C. Watson was in charge of this 
investigration. 

t Some information was secured by the Commission concerning home work 
in each of these groups of manufactures. Although it is well known that the 
men's ready-made clotliing trade employs large numbers of home workers, no 
special investigation of this occupation was made, in view of the fact that 
the United States government has recently published a comprehensive report on 
that Industry, U. S. Government Report on Condition of Women and Child 
Wage-earners in the United States (Vol. II). Men's Ready Made Clothing: 
Senate Document No. 645. Washington: Government Printing Office, 1911, A 
number of clothing manufacturers, however, appeared before the Commission. 



Repokt of Commission. 



93 



Artificial flowers and feathers. 
Millinery. 

Embroideries, laces, doilies. 

Bed spreads, bed covers, pillow tops, center pieces, laundry 
bags, dolls' clothing. 

II. Textiles. 

Blankets, carriage robes. 
Bath robes. 

Hosiery, sweaters, jerseys, mufflers, scarfs, afgans, shawls, 
booties, passementerie, millinery ornaments. 

III. Fur and Leather goods. 

Furs, fur trimming, fur garments, gloves and mittens, purses, 
hand bags, pocketbooks, slippers. 

IV. Paper goods. 

Paper boxes, collar boxes, paper bags, sacks, calendars, tags, 
toy novelties, pin-wheels, balloons, kites, sample cards. 

V. Miscellaneous. 

Rubber goods, umbrellas, buttons, pin trays, broom holders, 
hair ornaments, hair-dressing articles, brushes, pincush- 
ions, stuffed toys, human hair, mesh bags, carding jewelry, 
flv-swatters. 

VI. Foods and Tobacco. 

Preserves, nuts, macaroni, spaghetti, icecream, ices, candy, 
confectionery, cigars, cigarettes. 

Homework has been discovered in some process of manufacture 
in each of these large divisions. The extent of it cannot be stated, 
but it is of the utmost significance to realize that the system has 
found its way into so many industries. 

The Commission's investigators reported that in 193 factories 
investigated the total number of factory employees was 4,330. In 
addition these establishments gave work to 3,113 home-workers 
or 42 per cent of the entire number. In a report on the men's 
ready-made clothing trade issued by the United States govern- 



94 



Report of Commission. 



ment,* it is stated that 88 factories investigated reported 561 
home workers. 

" Nowhere are there accurate statistics to indicate the 
extent of home finishing or other home work/* says the re- 
port, t " It is resorted to more extensively in New York 
and less proportionately in Chicago than elsewhere. * * •* 
There are solid blocks in New York where, by actual count, 
more than three-fourths of the apartments contain home 
finishers." 

The number of finishers working at home as compared with 
those working in the shops in this branch of the garment trades 
in New York City is stated to be 44.7 per cent.:(: The report 
continues : 

" The foregoing figures, it should be remembered, are not 
representative of the real proportion of home workers. If a 
manufacturer with a large inside shop says that he employs 
no home workers, that statement may be literally true, as he 
refers only to the inside shop directly operated by him. But, 
on the other hand, he may manufacture only about one-fifth 
of his product in his own inside shop, while four-fiftlis of it 
may be scattered among a number of contractors, who in 
turn may give out all the garments they make to be finished 
in the homes." 

Thus, even after an intensive investigation of an entire industry 
has been made, it is impossible to state with any degree of ac- 
curacy what proportion of firms give out home work or how many 
home workers they employ. Nevertheless, the fact that the work 
is sent out to homes by such large industries indicates its probable 
extent. 

Communities in which Home Wobk is Found 

A very large proportion of the licenses issued for home work 
are in New York City, that is, 11,691, as compared with 520 
outstanding in the remainder of the state on Jime 30, 1912.§ 

The reports of our investigators show, however, that homework is 

* United States Government Report on Condition of Woman and Child 
Wage-earners in the United States, Vol. II, Men's Ready-Made Clothing, p. 260. 

flhid, p. 218. 

tibid, p. 219. 

S New York State Department of Labor, Bulletin No. 62. September, 1912, 
p. 338. 



Report of Commission. 



95 



14 



by no means confined to New York City. They found home 
workers engaged in rope-splicing and button-carding in Auburn; 
finishing men's clothing in Buffalo ; carding buttons in Lockport ; 
carding hooks and eyes in Niagara Falls ; making paper boxes and 
cigars, sewing buttons on shirts, and mending maltsters' bags in 
Tonawanda ; finishing men's clothing, carding buttons, hooks, and 
eyes, working on children's moccasins, women's neckwear, paper 
boxes, novelties, sanitary belts, and druggists' specialties, making 
seedsmen's paper bags, fringe and passementerie in Rochester; 
finishing men's clothing, making willow baskets, sewing fancy 
trimmings on waists, and crocheting infants' jackets and women's 
shawls in Syracuse ; finishing men's clothing and crocheting edges 
of knit underwear in Utica ; trimming felt slippers and stitching 
gloves in Little Falls; trimming felt slippers in Dolgeville; run- 
ning tapes in knit underwear in Herkimer ; making and trimming 
gloves in Gloversville ; making brushes and working on collars 
and shirts in Troy and Cohoes; and making willow plumes in 
Yonkers. 

Long as is this list, it probably is not long enough to show 
actual conditions. As the investigation was made between May 
and August, the slack season in many of these trades, comprehen- 
• sive data could not be secured. The significant fact, however, 
was that home workers in the up-state cities live in dwellings 
which house one or two families, thus not coming within the 
scope of the law regulating " tenement " manufacture, since a 
tenement is legally defined as the dwelling-place of three or more 
families. 

Thus, the law designed to regulate homework does not even 
apply to a large number of homeworkers,^who work on products 
not named in the law, or who live in houses not legally 
tenements. -^ 

Sanitary Conditions 

A license is granted by the Department of Labor to the land- 
lord or his agent for the entire house, not for a worker, or family, 
or apartment. It is issued only after examination by the Com- 
missioner of Labor of the records of the local department of 
health and the tenement house department. If these records 
show any orders outstanding against the building or reveal any 



94 



Report of Commission. 



ment,* it is stated that 88 factories investigated reported 561 
home workers. 

" Nowhere are there accurate statistics to indicate the 
extent of home finishing or other home work," says the re- 
port, t " It is resorted to more extensively in New York 
and less proportionately in Chicago than elsewhere. * * •* 
There are solid blocks in New York where, by actual count, 
more than three-fourths of the apartments contain home 
finishers." 

The number of finishers working at home as compared with 
those working in the shops in this branch of the garment trades 
in New York City is stated to be 44.7 per cent.J The report 
continues : 

" The foregoing figures, it should be remembered, are not 
representative of the real proportion of home workers. If a 
manufacturer with a large inside shop says that he employs 
no home workers, that statement may be literally true, as he 
refers only to the inside shop directly operated by him. But, 
on the other hand, he may manufacture only about one-fifth 
of his product in his own inside shop, while four-fifths of it 
may be scattered among a number of contractors, who in 
turn may give out all the garments they make to be finished 
in the homes." 

Thus, even after an intensive investigation of an entire industry 
has been made, it is impossible to state with any degree of ac- 
curacy what proportion of firms give out home work or how many 
home workers they employ. Nevertheless, the fact that the work 
is sent out to homes by such large industries indicates its probable 
extent. 

Communities in which Home Work is Found 

A very large proportion of the licenses issued for home work 
are in New York City, that is, 11,691, as compared with 520 
outstanding in the remainder of the state on June 30, 1912.§ 
The reports of our investigators show, however, that homework is 

♦ United States Government Report on Condition of Woman and Child 
Wage-earners in the United States, Vol. II, Men's Ready-Made Clothing, p. 260. 

fibid, p. 218. 

tlhid, p. 219. 

S New York State Department of Labor. Bulletin No. 52, September, 1912, 
p. 338. 



Eeport of Commission. 



95 



by no means confined to New York City. They found home 
workers engaged in rope-splicing and button-carding in Auburn; 
finishing men's clothing in Buffalo ; carding buttons in Lockport ; 
carding hooks and eyes in Niagara Falls ; making paper boxes and 
cigars, sewing buttons on shirts, and mending maltsters' bags in 
Tonawanda ; finishing men's clothing, carding buttons, hooks, and 
eyes, working on children's moccasins, women's neckwear, paper 
boxes, novelties, sanitary belts, and druggists' specialties, making 
seedsmen's paper bags, fringe and passementerie in Rochester; 
finishing men's clothing, making willow baskets, sewing fancy 
trimmings on waists, and crocheting infants' jackets and women's 
shawls in Syracuse ; finishing men's clothing and crocheting edges 
of knit underwear in Utica ; trimming felt slippers and stitching 
gloves in Little Falls ; trimming felt slippers in Dolgeville ; run- 
ning tapes in knit underwear in Herkimer ; making and trimming 
gloves in Gloversville ; making brushes and working on collars 
and shirts in Troy and Cohoes; and making willow plumes in 
Yonkers. 

Long as is this list, it probably is not long enough to show 
actual conditions. As the investigation was made between May 
and August, the slack season in many of these trades, comprehen- 
sive data could not be secured. The significant fact, however, 
was that home workers in the up-state cities live in dwellings 
which house one or two families, thus not coming within the 
scope of the law regulating " tenement " manufacture, since a 
tenement is legally defined as the dwelling-place of three or more 
families. 

Thus, the law designed to regulate homework does not even 
apply to a large number of homeworkers,^who work on products 
not named in the law, or who live in houses not legally 
tenements. -^ 

Sanitary Conditions 

A license is granted by the Department of Labor to the land- 
lord or his agent for the entire house, not for a worker, or family, 
or apartment. It is issued only after examination by the Com- 
missioner of Labor of the records of the local department of 
health and the tenement house department. If these records 
show any orders outstanding against the building or reveal any 



i 



96 



Report of Commission. 



Report of Commission. 



iiifeetious or contagious disease among the tenants, the commis- 
sioner uvdj withhold tlie license until the records show that the 
premises are in satisfactory sanitary condition. Before issuing 
the license, an inspector visits the premises, and reports in writing 
the result of his inspections. 

In the effort to insure the continuance of satisfactory sanitary 
conditions after the granting of the license, the statute has been 
elaborated with an attention to detail which strikingly reveals the 
difficulty of enforcement. Licensed tenements are required to be 
inspected by the Commissioner of Labor once in six months (a 
task for the accomplishment of which the state has never yet 
provided even an approximately sufficient number of inspectors). 
A sanitary building may be occupied by tenants with low stand- 
ards of cleanliness. The law therefore provides that if a room 
or apartment in a licensed tenement is found to be habitually 
filthy, a sign may be affixed to the entrance of that apartment 
forbidding its use for home work on any of the articles specified 
in the law. If an occupant of an apartment has contracted a con- 
tagious disease, no article mentioned in the law may be manu- 
factured therein until the board of health certifies that the disease 
has terminated and that the rooms have been properly disinfected. 

The Commissioner has power to revoke the license if it . 
is brought to his attention that any licensed tenement is no longer 
sanitary. Articles manufactured in violation of the law may be 
labeled by the commissioner with a tag bearing the words '' Tene- 
ment-made," or they may be seized and held by him until they 
have been disinfected or until the law has been otherwise com- 
plied with. Landlord, tenant, and manufacturer are each re- 
sponsible for violations of the statute. 

Reports of the Commission's investigators and the testimony 
reveal the great difficulties in the way, of enforcing this, the basic 
provision of the state's attempt to insure a minimum standard 
of sanitation in the dwellings of home workers. Investigators 
reported the following instances : 

One family was found running ribbons and sewing buttons 
on corset covers. The father has had tuberculosis for several 
years. He had just been sent away to the country. The 
house had not been fumigated, and the members of the family 



97 



I 



were still working. Moreover, they were working all the 
time the father was ill. 

In another house, where four members of the family had 
been sick with typhoid, and one was just convalescent, the 
family was working on feathers. Mary one member of the 
family had been doing the work all through her convalescence. 

In another house, a young woman whose father was finally 
sent away to a tuberculosis hospital, was working on dolls' 
clothes in the same room where her sick father lay. A re- 
lief society had refused this young woman further assistance 
unless she also would go to a tuberculosis hospital. She re- 
fused to do this, and is working on dolls' clothes with tuber- 
culosis progressing towards its final stages. 

In another family which was visited the mother was out. 
The daughter went upstairs for her, followed by the investi- 
gator, who saw the mother come out of an apartment, on the 
door of which the Board of Health had posted "Diphtheria." 
When the mother had returned to her own apartment, she 
fell to work on the willow plumes which were lying on the 
table near a pile of clothing. After the interview she went 
upstairs again to the supposedly quarantined apartment. In 
the same house were four apartments in which there had 
been diphtheria since September, 1912. (This investigation 
was made November 9, 1912). 

Among homeworking families, our investigators found many 
cases of impetigo, a loathsome skin trouble, which is con- 
tagious, and practically due to dirt. A child, whose face and 
head were sore with this eruption, was seen playing with a felt 
slipper just manufactured. In another instance, a child with this 
disease was lying on a bundle of finished clothes, while in a third 
case a little girl suffering with impetigo was picking nuts for a 
factory. 

In one apartment visited a woman was found working on pas- 
sementerie while her young son was lying in bed ill with measles. 

Dr. Annie S. Daniels, who has been a practicing physician since 
1876, and who is now in charge of the out-door practice of the 
ISTew York Infirmary for Women and Children, testified that 
during the year ending October, 1912, she had found in her visits 
in tenements 182 families engaged in home manufacture of some 

7 



98 



Report of Commission. 



description. Of these, 35 families were at work in nn licensed 
houses. Part of her testimony was as follows : 

"I have found during this past year, 182 families, 79 with 
contagious diseases doing this tenement-house work. One 
family was embroidering monograms and three of the child- 
ren were sick with measles. The woman was embroidering 
monograms on table napkins. I found sixteen cases of scarlet 
fever during the entire time. Where they had scarlet fever, 
most of the people were finishing men's clothing; that is 
doing all the hand sewing that is done on men's coats and 
trousers. The children had scarlet fever. The work was 
being done in the same room where they were sick, and dur- 
ing the convalescence of the child, by the child, sometimes 
while the child was peeling. The law requires us to report 
every one of those cases * * * the notice of the Board 
of Health of a contagious disease was on the door while the 
work was going on. I found nine cases of tuberculosis 
among the 182 families, all of them working. Tuberculosis 
can be carried. There was one family, where they were 
making buttons for women's clothes — that is covering buttons 
for women's clothes. One of these children was three years 
old ; the mother had tuberculosis. The mother was working 
herself, and the children were working. I found two cases 
of poliomyelitis, an infectious paralytic disease of children. 
The exact nature of how that is carried is not known. It is 
contagious from child to child. It is a very horrible disease. 
I know one case where the child died and the woman hardly 
stopped her work while the child was dying. She was 
finishing trousers. I was present at that time. 

Q. And the child was dying? A. The child w^as dying. 
Q. And the woman did not stop work ? A. She could not. 

Q. She had to A. She had to do it ; her husband was 

a gambler. The woman was somewhere between 25 and 30 

years old. The child was about — less than two years old ; 

, eighteen months. The woman was working in the same room 

where the child was sick ; they had only two rooms. 
The relation of the home-work system to the campaign for 
stamping out tuberculosis was thus defined by Dr. S. Adolphus 
Knopf, professor of diseases of the lungs at the ^NTew York Post 
Graduate Medical School : 

" The work in the tenements by adults, as well as by chil- 
dren, I hold largely responsible for the great morbidity and 



Report of Commission. 



99 



I I • 



( 



mortality of tuberculosis in this city. The bad ventilation of 
the tenement house, added to the inhalation of dust by the 
workers, and the frequency of tuberculosis among them, 
causes the fearful condition which we are now trying to 
combat. I firmly believe that if we could do away with this 
one source of propagation of tuberculosis, we would reduce 
the mortality and morbidity very greatly. 

" You know how tuberculosis spreads. One single indi- 
vidual in a family is capable of infecting a number of them 
within a very short time. Most of the tubercular workers 
are not trained and are not educated how to dispose of their 
sputum. They expectorate more or less, and when this 
carelessly expectorated material dries and is pulverized, and 
is inhaled with the dust in the so-called factory at home, it 
is inevitable that any number of them become infected. 

" In the Gouvemeur Hospital Dispensary for tuberculars, 
we have made very careful tabulations and found that 37 per 
cent, of all the tuberculars who applied there for relief were 
garment workers. It is among the workers in this trade that 
tuberculosis is most prevalent 

" We will never be able to eradicate this disease from our 
midst unless we take energetic steps and stop work at home. 
Every tenement home which is utilized for work predisposes 
the workers to tuberculosis. They inhale the bad air ; they 
work long hours, and in addition, very often are underfed. 

" In the children whom we put to work we have another 
type of tuberculosis, and these children later on invariably 
fall victims to the more serious type and become a burden to 
the community. 

" We spend millions of dollars annually in this city and 
other cities for the cure of tuberculosis, and we spend that 
money in vain, because by our deficient laws regarding proper 
housing, regarding child labor, regarding labor in factories 
and homes, we produce consumptives every day anew, and all 
the millions of dollars spent for their cure and care is 
useless." 

The danger to the consumer from conditions in the men's ready- 
made clothing trade is thus summarized in the United States 
government report to which reference has already been made : 

" The results of this investigation show that men's ready- 
made clothing is often made, or at least finished, in the homes 



100 Report of Commission. 

of a class of people whose under-nourished condition, due to 
poverty and lack of thrift and hygienic sense, general low 
standard of living, and dirty habits make them most suscep- 
tible to contagious diseases; hence it is asserted that the 
practice of giving out to workers garments to be finished or 
made up in their homes is to place the wearer in the way of 
contracting tuberculosis and other contagious or infectious 
diseases, or of catching vermin. 

" As stated, in the two congested blocks of New York City, 
where a large proportion of the men's ready-made clothing 
sold all over the United States is sent to be finished, the 
death rates due to contagious diseases are abnormal. 

" During this investigation it was learned that doctors who 
will agree to conceal diseases from the health department, are 
the most popular with garment workers. Agents of the 
bureau found women working on garments while children in 
the house were suffering from contagious diseases. They 
would put the garments down from time to time to minister 
to or fondle such children. To the inquiry as to why there 
was no * sign on the house,' it was sometimes said that the 
doctor was ^ nice,' * had sorrow ' for them, or knew they were 
* poor women with lots of children,' so he * wouldn't tell on 
them,' because if he did, the police wouldn't let them work. 
The home finishers could not understand why when disease 
was present they could not continue to work at the time of 
all times when they needed the money most." * 

That the United States Government recognizes the danger of 
contagion through tenement manufacture is set forth in the fol- 
lowing quotation, from a review of Professor Common's testimony 
before the industrial commission: 

" ' While neither the Federal Government nor any state 
government has undertaken to abolish tenement-house work 
where the work is sold to private purchasers, yet where the 
Federal Government is itself a purchaser of clothing it has 
undertaken to establish this conditibn. Since the Spanish- 
American war, when it seemed to be clearly demonstrated 
that the contagion of measles and other diseases in the army 
was owing directly to tenement-house manufacture, the War 
Department has inserted in its contracts with the manufac- 

• Report on Condition of Woman and Child Wage-earners in the United 
States. Vol. II. pp. 306-307. For details of cases on which this statement ia 
based, see pp. 907-300. 



Report of Commission. 



101 



turers of military garments that all work must be done in a 
regularly organized factory, and no part of the work shall be 
sublet to contractors. In the several States clothing for the 
National Guard is usually purchased from the War Depart- 
ment, and is, therefore, protected by the specifications of that 
department; but in those States where clothing is purchased 
by the state authorities there exist at present but few 
restrictions.' " 

Lack of Care Taken by Manufacturers to Protect 

Consumers 

Special inquiry was made to discover whether the manu- 
facturers took any precautions to ascertain conditions in the homes 
to which they gave out articles to be manufactured or finished. 
The investigators of the Commission reported that 80 per cent, 
of the addresses of home workers furnished them by manu- 
facturers proved to be incorrect. Either the families had never 
lived at the addresses given or they had moved elsewhere without 
taking the trouble to change the record at the factory. The em- 
ployers who appeared before the Commission testified as follows 
regarding their knowledge of conditions in the workers' homes : 

1. A manufacturer of crotchet ed goods: (Including bedroom 
slippers. ) 

" I do not keep any track of their homes, or where they 
do their work. There is no inspection of any kind, as there 
is in my factory. In my factory I am amenable to the 
factory inspection law, and the Board of Health and the 
Fire Department, while the people who do the work at home, 
do it wherever they please and whenever they please." 

2. A manufacturer of dolls* toys: (The dolls' dresses are made 
by home workers.) 

" I keep track partly of where the goods are made. I mean 
when we give out a gross of garments we give to the woman 
a ticket. On that ticket is her name and address. We keep 
one, she keeps one ; that is all we know about it. We do not 
investigate the homes. We try to govern that by their ad- 
dresses. I look at the addresses; if the address looks all 
right, and the woman looks all right, I give her the goods. 
I have never gone into any of the places myself, or sent any- 



til 



Ai 



I 



102 Keport of Commission. 

body to see under what conditions these dresses are made. 
These dolls, after they are made and dressed, are sold to the 
retail stores, and are used by the children of the city." 

3. An employer of hand-embroiderers : (Monograms.) 

This was the only employer who testified that he or his daughter 
always inspected the homes where his work was done, and that in 
case of sickness no work was given to the family. His reason 
was thus brought out: 

" Q. Why are you so careful about the sickness part ? 
A. Well, I will tell you. Three or four years ago, we had a 
child, my own child ; she came in the factory, and she takes 
the diphtheria, and in three days she dies. After that we 
are very careful in the factory, too." 

4. Manufacturer of fancy leather goods. 

His work was given out to a contractor w4io in turn employed 
the home workers. 

" I don't know where she has it done. I don't follow 
that up." 

5. Manufacturer of cigarettes: (Hand-made with monograms.) 
He testified that some of his shop employees took work home 

at night. 

" I have never investigated to find out where they live. 
These men who do the work in their homes, do it wherever they 
live, and wherever there may be disease or sickness or any- 
thing. I don't know anything about that at all. 

6. Manufacturer of made-to-order cigarettes, 

" It (the home work) is done in pretty low-grade tenement 
houses, although the people make good money; they live in 
pretty filthy surroundings — that is not my fault, but that is 
a fact. I am afraid that is true." 

7. Manufacturer of cigarettes and tobacco: (With gilt mono- 
grams, made to order.) 

He stated that only the hand-made cigarettes were given to 
home-workers, and to only three of them: 

" I do not know where this man (one of the home workers) 
lives. These two people I have mentioned live on the east 



i 



Report of Commission. 



lO.'^ 



side somewhere. I have never been in the place where they 
make these cigarettes." 

8. Manufacturer of confectionery, 

(Cracking pecan nuts and extracting meat is the task of 
home workers.) 

"I never saw the places where the work is done. They 
do it in tenement houses. I do not know whether the people 
are sick or anything about them at all. If we find that there 
are some sick people in some houses, we would not give them 
any more work. Once in a while we find it out through 
other people. But I do not know whether or not people are 
sick where they do this work. 

Q. How do they pick the meat out of the nuts ? Do they 
have any instrument or do they pick it out with their fingers ? 
A. They should pick it out with an instrument, a knife. 
We do not give them the knife. 

Q. Do you know if they crack the nuts with their teeth ? 
A. They should not do that. I do not know whether they do 
or not." 

To sum up, these eight manufacturers who testified before the 
Commission all, with one exception, declared that they made no 
effort to find out the conditions under which their goods were 
made. The only employer who testified to having made any 
effort to inspect the homes of his outworkers was the one who, 
through the death of his own child by contagious disease contracted 
from one of his factory employees, had become convinced of the 
necessity for inspection. 

It seems evident that home w^ork is a danger to the health of 
the community, and that the effort to maintain proper sanitary 
conditions is so herculean a task as to be wholly illusory as a safe- 
guard of public health. 

Child Labor in Tenement Manufacture 

One of the most serious charges brought against the home- 
work system is that it has made legally possible the work of little 
children in manufacturing pursuits at home, when the law rigidly 
excludes them from such occupations in the factories. 



V 



104 



Keport of Commission. 



To determine the extent of child labor at home is difficult. 
The work of children is easily concealed and as a result factory 
inspectors find few children at work, whereas social workers, 
physicians, and teachers state that little children are often steadily 
employed in home work. In some of the occupations, like hand 
embroidery, the work is too highly skilled to be done by very 
little children. In several households visited, there were no chil- 
dren under sixteen. The investigators reported that 79 school 
children in 47 families were actually found at work after school. 
Fourteen others who were too young to attend school or who 
had dropped out as soon as they were fourteen admitted that 
they worked regularly. Of the 79 children, 7 were between 
five and eight years old, 14 eight to eleven, 33 eleven to fourteen, 
25 fourteen or fifteen, while the ages of six obviously imder 
sixteen were not recorded. 

An investigation made in New York in the spring of 1912 and 
reported by the National Child Labor Committee in our Pre- 
liminary Report showed the following facts regarding child 
workers : 

Nut-picking: 41 families visited, having 91 children, 77 of 
whom were found at work. 

Making brushes: 41 families visited, having 72 children, of 
whom 69 were founS at work. 

Making dolls' clothes: 66 families visited and 35 children 
found at work. 

Making artificial flowers: 33 families visited and 70 children 
found at work. 

Thus, in these four occupations, 251 children under sixteen 
were found at work in 181 households. 

In the men's ready-made clothing trade in New York the United 
States government investigators found 81 children at work, of 
whom 3 were five years old, 1 six, 3 seven, 5 eight, 7 nine, 5 ten, 
8 eleven, 21 twelve, 8 thirteen, 14 fourteen, and 6 fifteen. The 
investigators believed that this number understated the extent of 
child labor. 

" Unless a child was caught working it was seldom ad- 
mitted that such child did work." * " Sometimes upon a 

* Government Report on Condition of Woman and Child Wage-earners In 
the United States. Vol. II. p. 230. 



/« 



Report of Commission. 



105 



first visit they denied working, but were found at work when 
visited again. Often as an agent entered a house where 
children were at work, a sudden dropping and concealing of 
the work was noticed. It is the opinion of the agents on 
this investigation that all children of a household where 
home work is done are drafted into this work with more or 
less regularity, after school, at night, and on Sunday." 

The following are a few instances of child labor reported by our 
inspectors : 

It is no uncommon sight to find four and five year-old 
babies making flowers. Little Camilla only three years old 
was found in the afternoon of November 15th, 1912, running 
ribbons in corset covers. Rosie, her 11 year-old sister, was 
taking care of the baby, while Elsa, age 6, and Camilla 
helped mother. 

Angelina says, " When I go home from school I help my 
mother to work — I help her earn the money — I do not play 
at all. I get up at six o'clock and I go to bed at ten o'clock." 

Camilla, 9 years old, says, "I have no time for play, 
when I go home from school, I help my mother. Half hour 
I make my lessons. Every morning I get up at 6 o'clock— 
I go to bed at 11 o'clock." 

Giovanna : " I get up at 5 o'clock in the morning. Then 
I work with my mother. At 9 o'clock I go to school. I have 
no time for play. I must work by feathers. At 10 o'clock 
I go to bed." 

Maria : " I have no time to play when I work bv my 
mother, but when I don't work, I miind the baby and clean 
the house." 

Little 9-year old Antoinette: "I earn money for my 
mother after school, and on Saturday, and half day Sundays. 
No, I do not play, I must work ; I get up to work at 4 o'clock 
in the morning, I go to bed at 9 o'clock." 

Michaelina is not quite 14 years old. She crochets Irish 
lace. She gets up at 5:30 every morning, prepares her 
father's breakfast, crochets one hour before going to school, 
works again two hours after school, and takes care of the 
baby. Pasqualina, her sister, is 12 years old. She gets up 
at six o'clock and crochets an hour and a half every morning 
before going to school, and three hours every day after 
school. It takes two and a half hours to make one yoke for 



106 Report of Commission. 

which the children receive nine cents, but as each yoke takes 
a spool of thread, two and a half cents is deducted from the 
profits. Working together the two children make 25 cents 
a day. 

Francesca, 12 years old, works from 3:30 p. m. to 9:30 

• p. M. crocheting slippers. Even her little fingers can make 

«ight or nine slippers in six hours. (These are children's 

slippers, and it takes from one-half to three-quarters of an 

liour to make one slipper). 

[N^icolina is 9 years old. She cuts embroidery four hours 
every day and two hours at night. Little Pasqualina, her 8 
year-old sister, helps too, and together they can make f$2 a 
w^eek. 

Two children, one nine and one seven years old, appeared be- 
fore us with their mother and told of their work at home. Mary 
Piccolino, aged nine, denied at first that she had ever worked, then 
said that once she worked on corset covers, and then told how she 
actually helped every evening to run ribbons through the corset 
covers which her mother brought home after the day's work in 
the factory. Her sister, Camilla, aged seven, was a clear-headed 
little witness. She said that she helped to make corset covers 
every afternoon and that she worked until eight o'clock in the 
even in 2:. 

Dr. F. Josephine Baker, director of the Division of Child 
Hygiene of the Department of Health of New York, testified re- 
garding the effect of home work on the health of school children. 
She explained that a large number of the children in the public 
schools suffer from some physical defect, and these defects are due 
very largely to the conditions of their home life — lack of proper 
ventilation, or of proper hygiene, overwork, lack of play and 
proper exercise. When asked why work after school hours might 
cause ill-health or physical defects in children, she replied : 

" Because the children are just at the age when they are 
naturally developing and growing, and when they need a 
larger amount of free air and more freedom than adults do, 
and the effect of bad air, close confinement, and vitiated 
atmosphere, are very much worse for children than they 
possibly can be for grown people. These children go to 
-school in the morning, are heavy, dull and tired. They are 



Report of Commission. 



107 



I 



not able to study. They suffer from headaches and most of 
them have malnutrition — that is, they suffer from lack of 
proper nutrition, they are anemic." 

This statement of the effect of home work on school children 
was confirmed by observations of a teacher and a principal in two 
public schools in New York. They pointed out also that home 
work prevented the children from keeping up with their classes 
and was a cause of truancy. 

Testimony was given by the chairman of the Scholarship Com- 
mittee of the New York Child Labor Committee that " when a 
child is unable to get its working papers at the proper time it is 
very often due to the fact that at some stage of school life it has 
been working at home and has been kept away from school," and 
that " a large part of truancy is due to the fact that the child starts 
working at home, at first after school hours. He finds that it is 
difficult or impossible to keep up in his studies to the required 
standard, and then gradually drops out of school." 

Evidence of the relation of the early toil of these children to 
delinquency in adolescent years, was presented by Miss Maud E. 
Miner, secretary of the Probation Association : 

" T have seen girls from these homes, who have been lead- 
ing lives of immorality and lives of prostitution. I have 
known of girls who have told me that they have become tired 
of work long before it was time for them to go to work ; in 
other words, before they could go out into the factory, simply 
because they had to work in the home day after day, night 
after night, and on Sunday." 

The labor law forbids the employment of any child under four- 
teen years of age in, or in connection with, any manufacturing 
establishment, and provides that no child between the ages of 
fourteen and sixteen shall be employed before 8 a. m. or after 
5 p. M., or more than 8 hours in any one day. By means of home 
work a manufacturer may utilize the labour of "^children of any 
age for unlimited hours provided that the children of school age, 
7 to 16 years, attend school between the hours of 9 a. m. and 3 
P. M. Home work is a menace to the physical, mental, and moral 
well-being of children. 



ii.. 



108 



Report of Commission. 



I 



I ^ 



Unrestricted Hours of Labor for Women in the Home 

Work System 

Section 77 of the labor law prohibits women from working 
more than 9 hours in any one day or more than 54 hours in a 
week in a factory. It further provides that if a woman is em- 
ployed in two establishments consecutively within twenty-four 
hours, the total number of hours of labor in both places of employ- 
ment must not exceed the total legally permitted in a single factory. 
A home in which manufacturing is carried on is not a factory 
in the eyes of the law. The 54-hour law, therefore, does not apply 
to work done in tenements where workers can be engaged in 
factory work to any hour of the night. 

One of our inspectors reports the following interview with a 
home worker: 

" I saw her last Monday and asked whether she was doing 
any work. She said no, it was very quiet, but that on 
Friday she had received a special call to come for some beads 
because there was a rush order, and she had to work all night. 
She was driven a gross of these beads to finish and sometimes 
she has a daughter of about twelve who helps her after school 
hours to help her at night with these beads. She said it took 
her all night. I didn't ask her whether she got any sleep 
that night, but she said she worked all night to get them at 
the factory the next morning at eight o'clock. She was 
compelled to work all night to get one gross finished.*' 

In the investigators' report it was stated that some Italian 
girls were found who work downtown in a bathing-suit factory 
from 8 A. M. to 6 p. m. They return home for supper, and 
crochet slippers until 10 and 11 o'clock at night. Employers in 
the embroidery industry stated that 90 per cent, of their shop 
hands are obliged during the rush season to take work home at 
night. 

That the hours of work of women employed only in homework 
are not limited by law is an obvious fact. That women and girls 
who toil in the factories by day may legally take work home at 
night shows how homework frustrates the intent of the 54-hour 
law. 



Report of Commission. 



109 



Earnings of Home Workers 

Accurate information regarding earnings is difficult to secure, 
owing to the chaotic conditions of the home-work system. Em- 
ployers keep a record of the amounts paid to the workers who ap- 
pear at the factory, but they have no accurate knowledge of the 
number of workers or the time required to earn these amounts. 
Statements regarding the hours of work and the number of workers 
and the prices paid for various kinds of work vary so that earnings 
per capita or per hour are not clear. Nevertheless, the records of 
our investigators' interviews with home workers and the testimony 
of witnesses furnish data. 

Of 277* families visited, 258 gave information about wages, 
and of those only 18 reported that their usual weekly earnings 
from home work amoimted to $6 or more. 

Testimony was ^iven bv a neckwear manufacturer that women 
taking work from his factory to be made at home averaged from 
$G.67 to $8.15 a week for the entire vear. 

From the earnings of home workers certain factory expenses 
must be met by the home worker. The obvious costs of rent, light 
and heat are transferred to the home worker by the manufacturer. 
One woman did not work at night because she could not make 
enough to pay for the gas burned ; another was found crocheting 
by the light from a street lamp. 

Moreover, the home worker often must provide her own equip- 
ment, such as crochet needles, scissors and sewing machine needles, 
and sewing machines with special attachments when such are 
required. 

In certain trades, materials also must in many cases be paid 
for out of the home worker's wages. For example, workers in 
Irish crochet must buy their o^vn crochet cotton. An Irish crochet 
yoke for which the worker received 9 cents required an outlay of 
2^4 cents for thread. 

In nut picking, there are always some broken nuts which must 
be separated from the whole nuts and returned to the employer. 
The pay, 4c. or 4^2^. P^r pound, covers only the unbroken nuts. 
For broken nuts, the worker receives nothing, although the break- 
ing comes less often from careless picking than from the quality 



* This does not include 29 families working on tobacco. 






110 



Rkpokt of Commission. 



Kepoet of Commission. 



Ill 



!'• 



of the nut Us(Ai or from the machine cracking done by the 
factory. 

Mandalino Vitrani, a home worker 28 years old, whose husband 
earns sometimes ten and sometimes twelve dollars a week in a 
candy factory, told the Commission about the pay which she re- 
ceives for running in ribbons and sewing buttons on corset covers. 

" For sewing buttons and one line of ribbons on a dozen 
six cents; if there is two lines of ribbons, nine cents for a 
dozen. Q. How many dozen do you make a day, or how 
many dozen do you fix a day ? A. It depends on as many 
as I get, sometimes ten dozen, and sometimes eleven, also 
depending upon the number of yards of ribbon I must 
sew.'^ * * * " If I have plenty of work, a dollar, as a 
rule 50 or 75 cents I make in one day. I can't work all day, 
but I do as much as I can. I have other duties, household 
duties and so on. The day I made the dollar, I worked 
until eight or nine or ten o'clock at night." 

Samples of goods which had been found in process of manu- 
facture in tenements were shown, and the prices paid stated. For 
a dozen lace crocheted ornaments of fine quality the price was 
00 cents, and a dozen was all that the worker could make in a 
day. For crocheting an edge, fine hand work, the price was 
2 cents a yard for one row, 4 cents for a double row, with an 
output of three to ^ve yards an hour. This lace was given out by 
sub-contractors, who secured it from manufacturers, thus saving 
the manufacturer the trouble of dealing with the individual 
workers. A pair of white gloves, finely stitched at home by a 
worker living on ^lacdougal street, was exhibited. These gloves 
are cut in the factory and the home worker stitches all the seams, 
receiving one dollar and forty eeiits per dozen pairs. The woman 
is an expert and can make from nine to twelve pairs a day. An 
imitation pearl necklace was shown ; the manufacturer pays the 
worker GO cents for stringing and putting the catch on a gross 
of strings (144). For a kind of beading used as an ornament the 
rate was 2 cents an hour. For a task demanding close attention 
and eye-strain, — pulling threads of men's linen handkerchiefs to 
prepare them for hemstitching, — the pay was 3 cents a dozen, and 
the worker, with an eleven-year old daughter to help her, could 
pull thf threads in seven dozen handkerchiefs a day, earning 56 



( 



cents. The investigator had seen the book in which their weekly 
wages were recorded, and she testified that $2.50 was the largest 
sum she made in a week and that the usual earnings were $1.30, 
$1.87, or $2.00. 

Economic Status of Home Workers' Families 

" None was found living alone who could maintain herself by 
the amount she earned at home finishing,"* is the statement made 
in the Government report on the men's ready-made clothing trade, 
and it is not surprising to learn, therefore, that the widow with 
little children to support is not the typical home worker. In 
New York 87.3 per cent, of the home finishers were married 
women living with their husbands, while only 9.6 per cent., 47 of a 
total of 488, were widowed, divorced, separated, or deserted, and 
3.1 per cent, unmarried women. 

The findings of our investigators agree with these results. Of 
306 families of home workers, the father was living and at home 
in 252 households, while in only 37 was the mother widowed 
or deserted. Twelve of the home workers were single women, 
and of five the conjugal condition was not reported. The low 
earnings or unemployment of the father, or in some cases his 
laziness or greed account for the necessity of supplementary in- 
come earned by the work of the mother and her children, f 

Miss Lillian T>. Wald, of the Nurses' Settlement, director of 
the work of 85 nurses who visit the sick in their homes throughout 
Greater New York, gave the following testimony: " In all these 
cases where there is no man in the family, or the man is sick and 
unable to work, the family even with the children working is not 
able to support itself. They have to be helped by charity anyhow. 
It is only a question of degree of help." 

Few, if any, households are dependent solely, or even chiefly, 
upon home work for support. 

Solutions Advocated 

None of the witnesses who testified before the Commission be- 
lieved that the present method of regulating the home-work sys- 



•2 Ibid, p. 228. 

tThe great majority of home workers are Italians. 78 per cent In thp ffl«,«n^o 
Investigated by the Commissions agents, and 98.2 per cent of the hnr«o /^fT^"^^ 
interviewed by Federal Investigators of the clothlSltrSde Government Rali^^* 
on Condition of Woman and Child Wage-earners in the U^^ sSJtes S?5.t^TT* 
page 221. oi,«i«a, »^oi. n. 



f 



1 



112 



Repout of Commission. 



tern was adequate. The representative opiniuiis appear as follows 
in the testimony: 

Manufacturer of crocheted goods: 

" My idea is that home labor should be permitted, but 
should be regulated. It should be carefully watched. It 
should be put under the factory law. And children under 
age should be prohibited from working as in factories. That 
I am very much in favor of, to cut out the very young chil- 
dren from working. That is shameful. That is a bad thing. 
If it was found impossible to regulate work in the homes, 
it would be hard to fully prohibit the matter, because we 
^ have to compete with the world. Germany and France and 
European countries are doing that same thing, and seem to 
be doing it with advantage to the consumers. It is a question 
in my mind whether it would be advisable to shut that out 
altogether." 

Manufacturer of dolls and toys: 

" If it is done right, I would permit people who live in a 
tenement house to do the home work. ♦ ♦ * I mean, 
when I say that if it is done right, the places where the work 
is done in tenements, should be inspected as is a factory. I 
do not know if that it is practicable. If it was not practi- 
cable to inspect places in tenements w^here work of this kind 
is done I would be in favor of abolishing it or of prohibit- 
ing it" 

Manufacturer of embroidery: 

" I think it would be very nice to permit the work in the 
homes, if somebody inspected it to see if the conditions were 
good. 

"Q. Suppose it was not practicable, — you know we have 
got to take this thing from a practical standpoint. Suppose it 
was not practicable, it would not be possible, it would be too 
big a thing, to inspect every place in which work was done 
at home, as they inspect your factory, would you be in favor 
then of abolishing the work at home? A. I think it is no 
good for the factory, no good for the people, but it don't mean 
- very much for me; just about the same thing. If I have a 
big factory I could have plenty of room, in my opinion, I 
think by giving out the home work sometimes I help a great 
deal some woman in my line of business." 



F 



Keport of Commission. 



113 



Manufacturer of fancy leather goods: 

" I believe, as an intelligent manufacturer, they (the home 
work rooms) ought to be inspected the same as my factory 
is. I think that home work should be done under certain 
restrictions. I think it would work a hardship with a great 
many people if it was abolished altogether. I dare say there 
are a great many articles manufactured at home that should 
be discontinued." (Naming foods and foodstuffs, and favor- 
ing absolute prohibition of their manufacture in tenements.) 

Manufacture of cigarettes: 

" I think it would be better if they were prohibited from 
doing it in their homes. I would be in favor of that." 

Manufacturer of cigarettes: 

" Having cigarette papers sent home to be made by Syrians 
in their homes is a bad feature. It should be prohibited; 
there is no question about that." 

Manufacturer of cigars and cigarettes: 

" I disapprove of home work. I do not think it should 
bo done at home at all, any of this work. I think it would 
be better to have it all done in the factory." 

Foreman of a confectionery company: 

" I do not know what I would do for the cracking of nuts 
if this work was stopped in the tenement houses. 

" Q. Would you employ people to come to your factory to 
do it ? A. That is what we are trying to do all the time." 

(No more definite expression of opinion could be secured 
from him.) 

Dr. Annie S, Daniels: 

" I approve of abolishing home work ; all kinds of home 
work. I have approved of it since 1888. If home work 
was prohibited it would not be any great hardship on the 
women and children ; I am sure it would not because these 
women are strong, able and capable of working in factories, 
and their children would be taken care of in kindergartens, 
and day nurseries. They always have room for children 
whenever they ask to go in. And the women would work in 
factories and get better pay. I am pretty sure it would 
result in making the husbands work in some cases." 
8 



lU 



Report of Commission. 



Dr. F, Josephine Baker: 

"In my opinion it is exceedingly difficult to regulate 
home work so children could be kept from working. I can^t 
see any way of regulating it. I think the only possible way 
of regulating it is by making it absolutely illegal for any one 
to work in the home. Personally I would advise that. 

" Q. Do you think that there is any hardship in the pro- 
hibiting of women from taking home work ? A. There again 
I have nothing to base my statement upon except bare sur- 
mise ; but we in the Department grant about 40,000 employ- 
ment certificates to the children between the ages of fourteen 
and sixteen years to go to work each year. Investigation has 
shown that only approximately about 23 per cent, of these 
children go to work because there is any need of their money 
in the family. The remainder go because they are tired of 
school or because their families want them to leave school, 
and applying such a ratio to home work in general, it would 
seem to me that the greater good would be served by abolish- 



lUii' it. 



jy 



Miss Lilliayi D, Wald: 

*^ I would like to contribute a bit of the results of mv 
observations. When I first went downtown I found that 
cloaks, ladies' cloaks, were frequently made in the tenement 
houses, and at that time I think the manufacturers and public 
sentiment wholly approved of it because it was considered 
essential. I remember one instance where the cloak that 
was being made was covering a child who was sick with 
scarlet fever, and we naturally stopped it and reported the 
case to the Board of Health, and in this instance paid the 
woman the amount of money she was earning. Xow, the 
ladies' suit and cloak industry has practically been taken out 
of the tenement houses, and I do not believe that the trade 
suffers. The volume of that trade in the City is enormous, 
and nobody suffers. It is the centre of that trade in the 
whole Fnited States. If my figures are right, the output is 
$250,000,000 a year. That trade has been taken out of the 
tenement houses altogether, and nobody has suffered. The 
wages have been standardized. It is practically impossible to 
standardize a wage in an industry that is carried on without 
supervision, but we have succeeded in doing that, in takin^ 



Report of Commission. 



115 



the work out of the tenement houses. And that was prac- 
tically true of the cigar business, too. That has been 
practically taken out of the tenements, occasionally you will 
find a stripper. That has not hurt the people working 

in it " 

" Q. Are you in favor of the prohibition of this work in 
tenements or of regulating it ? A. I do not think it can be 
regulated ; I think it must be abolished. I do not see how, 
without an enormously expensive set of investigators, it 
would be possible to protect the children from excessive hours 
of work ; standardize the wages, supervise the sanitary condi- 
tions under which the manufacturing is done — I am afraid 
there is nothing to do but eliminate it." 

Miss Rose Schneiderman, of the Women's Trade Union League; 

"We urge the prohibition of home work. * * * If we 
can prohibit home work entirely, it would force employers 
to engage the amount of people that they need in their fac- 
tories and not avoid the responsibilities of having employees 
and all that, and it would also perhaps give the employees a 
chance to get a living wage for the work that they do." 

Professor Felix Adler: 

"I can see no way, I must admit, of devising a system 
of inspection which will really control the sanitary conditions 
and labor conditions of work done out of sight, done in the 
homes of the workers, and the conclusion would seem to me 
that we must move forward through the prohibition of this 
kind of work altogether." 

Miss Pauline Goldmark: 

" I don't suppose there is any way of regulating or super- 
vising homework or keeping the children out of it except 
getting it out of the homes by prohibiting it altogether. I 
do not see why any set of manufacturers should have the 
advantage of such savings on rent and on w^ages and then put 
the State to such great expense to regulate and inspect 10,000 
homes. Also, we might add, to maintain these people when 
they break down. Naturally if the workers are not making 
a living wage somebody has got to pay the difference sooner 
or later." 



^ 



116 



Report op Commission. 



Report of Commission. 



117 






Mks Mary F. Maguire, principal of Public School No. 3 : 
" I feel that the homework ought to be stamped out." 

Mr. Marcus M. Marks: 

"I am in favor of a much more careful supervision of 
work going on in homes than at present exists * * ♦ I think 
it would be a crime to do what has been suggested — to elim- 
inate the right to work in the home.'' 

Mr. James B. Kaiser, manufacturer of neckwear: 

" If a law were enacted prohibiting instead of regulating 
homework, without regard to the age of the worker, it would 
disastrously affect two classes of employees who figure very 
largely in our industry and many others. First, the mar- 
ried women who have children to take care of, and who have 
to prepare the meals of their husbands. It is difficult, if 
not impossible for those people to come to our factory or to 
the other factories, and it simply deprives them of their 
living. The other class is much more numerous, it repre 
sents workers who by reason of their limited incomes have 
to live at a distant point, Hoboken and other places at a 
distance, and they would lose at least two hours in transit, 
plus their car fare." 

Miss Maud E. Miner: 

" If it is simply a question of giving liberty — individual 
liberty — to the homes, to the family, to the children, which 
is urged as a reason for not taking this sweatshop work away 
from the homes, we cannot but believe that it is absolute 
slavery we are permitting instead of any kind of liberty. I 
would favor the absolute, immediate prohibitior> of all of it ; 
there is nothing that can be done by inspection really to bet- 
ter the conditions." 

Recommendations 

Manufacturing in tenements under the conditions disclosed, is 
accompanied by certain grave evils. It is frequently carried on 
in unclean and unsanitary surroundings and in homes where there 
are infectious and contagious diseases; it enlists the services of 
little children both during and after schools hours ; it nullifies the 
requirements of compulsory education because children who 



should be at school, work undetected at home ; it permits the eva- 
sion of the child labor law because, although no child under 16 
may work in any factory after 5 p. m., the manufacturer, by send- 
ing his goods to the home, may have young children of any age 
legally do his work there for any number of hours. 

Furthermore, the fifty-four hour law is frustrated because 
women who have worked in the factory nine or ten hours take 
work home to do at night. 

The wages paid to home-workers are low in comparison with 
those received by factory workers. The system of giving work 
from the factory to contractors who in turn distribute it among 
homeworkers has produced a " sweating system " that deprives 
the homeworkers of fair compensation. 

The ramifications of home work are extensive, particularly in 
cities of the first class. Some of the most important industries 
resort to it extensively. There are, undoubtedly, thousands of 
families who rely upon work at home to a certain degree, but 
those households are few and rare for whom it is the sole or even 
chief source of income. 

There can be no doubt that immediate legislation is needed to 
remedy the evils inevitably accompanying this work. Every 
manufacturer using home-work who appeared before us conceded 
that some change is desirable. But concerning the specific nature 
of these changes there have been divergent opinions. 

On the one hand it has been urged that all manufacturing in 
tenement houses of goods for the open market be prohibited ; that 
a manufacturer should no longer be permitted to make a tene- 
ment home a branch of his factory and in this way evade all the 
responsibility and expense of compliance with the requirements 
of the labor law. It has been argued that it is impossible to 
supervise and regulate homework sufficiently to correct its dan- 
gerous features, and that no system of inspection to which the 
state would be justified in resorting would effectually prevent 
manufacturing in homes which are imclean or in which there is 
disease. 

Again it has been argued that since homework now affords 
emplo>Tnent to thousands who are more or less dependent upon 
it for support, the prohibition of manufacturing in tenements 



#' 



I 

II 



% 



118 



Keport op Commission. 



would injure many industries and deprive thousands of home- 
workers of a livelihood. It has been maintained also that home- 
work ean be so regulated that work may not be done in unsanitary 
and unhealthful surroundings, or with the assistance of young 
children; that no adequate attempt has been made in this state 
to regulate homework and that until such an attempt has been 
made and has resulted in failure it is imfair and unjust to say 
that anv regulation would be futile. 

We have given careful consideration to these divergent views. 
We realize the manufacturing in tenement houses is a serious 
evil, that it is, in fact, a blot on our industrial system. It is to 
be condemned because it is injurious to the health of the women 
and children directly engaged in this work and because it un- 
justifiably invades their ^ ■""'"<5. Moreover, the health of the 
public using such products is endangered. From an economic 
]x>int of view its continuance is unjustified; it undermines the 
wafire scale of the factorv workers; it is wasteful both of human 
labor and of material. Public welfare would be promoted by its 
eradication. In the long run the home-worker would gain pre- 
cisely as the men working in tlie coal mines of Pennsylvania were 
benefited when their young children were prevented from work- 
ing and thus from competing with their parents. 

The Commission did not feel justified, however, in recom- 
mending that the whole svstem be rooted out at once. It is deeply 
entrenched in our industrial life and to overturn existing con- 
ditions too suddenly w^ould, perhaps, cripple certain industries 
and would w^ork great hardship to thousands of workers engaged 
in them. It is true that for more than twenty years there has 
been a statute regulating homework, but it is also true that no 
serious effort lias been made to enforce this law in the spirit in 
which the legislature undoubtedly intended it to be carried out. 
The inadequate resources of the Depatment of Labor account in 
large measure for this failure. Licenses have been issued as a 
matter of form and prosecutions for violations of the law have 
rarelv been instituted. Licenses, moreover, have not been re- 
voked for unsanitary condition of premises as often as circum- 
stances demanded. 



Keport of Commission. 



119 



The present law is in many respects entirely inadequate. It 
covers only tenement houses in which the 41 articles specified 
in the law are manufactured and leaves the manufacture in tene- 
ment homes of all other articles, without supervision of any kind. 

Our recommendations are therefore embraced under the fol- 
lowing heads : 

1. Entire prohibition of the employment of children under 
14 years of age in tenement house work; 

2. Immediate prohibition of work in tenement houses on all 
Articles likely to become contaminated and therefore injurious to 
public health; or on articles by which it is clear that disease 
may be communicated; 

d. Extension of the present law to cover manufacturing in 
any tenement house of all article:- ... i the strengthening of the 
administrative features of the law; 

4. Adequate number of inspectors to enforce the law; 

5. Further investigation and study by the Industrial Board. 

Prohibition of the Employment of Children 

All witnesses appearing before the Commission, including 
manufacturers who send work to homes, have recognized the 
necessity of stopping immediately the employment of very young 
children in this work. We therefore recommend an amendment 
to the labor law prohibiting the employment in tenement houses 
of a child under fourteen in any work for a factory and that 

"work shall he deemed to he done for a factory, whenever 
it is done at any place, upon the work of a factory or upon 
any of the materials entering into the product of the factory, 
whether under contract or arrangement with any person in 
charge of or connected with such factory, directly or indi- 
rectly, through the instrumentality of one or more contractors 
or third persons/^ 

The employment of a child in violation of this provision should 
be sufficient cause for revoking the license of the entire tenement 
in which the child lives. This sweeping prohibition of the work 
of young children will eliminate one of the most objectionable 
features of homework and one that the public especially 
condemns. 



'^u 



I" 



120 



Report of Commission. 



Prohibition of Manufacture of Food Products and In- 
fants' Wear 

We reconiinend the immediate prohibition of the manufacture 
in tenement houses of food products, dolls, and dolls' clothes and 
of infants' and children's wearing apparel. The investigations we 
conducted show that such restriction is plainly called for in the 
interests of public health. The classification is reasonable and 
one that may, under the decisions, properly be made by the legis- 
lature. Food products are much more liable to contamination 
than any others and their preparation under entirely sanitar}' 
and hygienic conditions is a matter absolutely necessary to the 
public health. Infants and children are more susceptible than 
adults to coiih.iiiou:? diseases and it is intolerable that Ihe manu- 
facture of garments and other articles to be worn by them, or 
which they play with, should be permitted under circumstances 
that may tend to spread disease. The many reports of work 
done in homes in which there were cases of scarlet fever, diph- 
theria, and measles prove that this danger to children is a serious 



one. 



We therefore recommend the following amendment to the 
labor law: 

No article of food, no dolls or dolls* clothing and no article 
of children s or infants' wearing apparel shall he manufac- 
tured, altered, repaired or finished in whole or in part, hy 
any person for a factory, either directly or through the instru- 
mentality of one or more contractors or other third persons 
in a tenement house, in any portion of an apartment any 
part of which is used for living purposes. 

We are convinced that this measure is a valid exercise of the 
police power and that its constitutionality is not open to doubt. 
The Jacobs case (98 N. Y., p. 98) is not contrary authority. 
It held unconstitutional an act which forbade the manufacture 
of tobacco products in tenement houses in cities having a popu- 
lation of over 500,000. This decision was based upon the 
ground that the act was not a health measure and not passed in 
the interests of the public health. The court relied upon evi- 



Report of Commission. 



121 



dence which they claimed justified this finding. The Board of 
Health of the City of ^N^ew York had officially declared, after 
careful investigation '' that the health of the tenement population 
is not jeopardized by the manufacture of cigars in those houses ; 
that this bill is not a sanitary measure, and that it has not been 
approved by this board." 

Presiding Justice Davis said : 

" If the Act were general and aimed at all tenement houses 
and prohibited for sanitary reasons the manufacture of cigars 
and tobacco in all such buildings, or if it prohibited such 
manufacture in the living rooms of all tenants another case 
would be presented." (In re Jacobs, 33 Hun, 374, 382.) 

The measure we recommend differs from the act as construed 
by the court in the Jacobs case in the following important par- 
ticulars : 

1st. It is to apply to all tenement houses throughout the state. 

2nd. It is limited in its application to apartments used for 
living purposes, 

3rd. It is essentially a health measure necessary for sanitary 
reasons and in the interests of the public health; that fact is 
proved convincingly by the testimony heard by the Commission 
and by the results of our own investigations. 

4th. It is limited to work done for a factory; that is, it pro- 
hibits the use of a living room in a tenement house as a branch 
of a factory in the preparation and manufacture of products hav- 
ing an intimate relation to the public health. 

Thus the measure we recommend meets all of the objections 
that the court raised in the Jacobs' case. 

Amendments to Present Law Regulating Tenement House 

Manufacture 

There is no logical reason for limiting the application of the 
licensing law to certain specified articles (41), and we therefore 
recommend that its scope be extended to cover the manufacturing 
of any article in a tenement house. 



122 



Report of Commission. 



Report of Commission. 



123 



I 



To aid in the enforcement of the law we recommend the 
following : 

1. Every employer in any factory sending goods to a tenement 
honse to be manufactured shall issue with all such goods a label 
bearing the name and address of his factory. At present the in- 
spectors complain that they are generally unable to ascertain from 
the home-workers, the names of the factory owner for whom the 
work is done. 

2. The owner of every factory for which articles are manu- 
factured in any tenement house shall secure a permit for that 
purpose from the Commissioner of Labor. This permit may l>e 
revoked or suspended by the commissioner whenever any pro- 
vision of the law relating to the sanitary condition of tenement 
houses or their freedom from contagious diseases or the employ- 
ment of children under fourteen years of age is violated in con- 
nection with any work for the factory. No factory shall send 
goods to be manufactured in a tenement home imless this permit 
has been issued. 

We also recommend that there be published by the Department 
of Labor a complete list of all factories holding such permits, 
together with the names and business addresses of the owners of 
all such factories, and that there be also published, from time 
to time, a list of tenement houses licensed in accordance with the 
law. 

Division of Homework Inspection 

We have heretofore recommended the creation of a division 
of homework inspection in the Bureau of Inspection to be in 
charge of tenement homes in which manufacturing is carried on. 
Xot less than fifteen inspectors should be assigned to this division 
and the number should be increased from time to time as cir- 
cumstances demand. We believe that at least one-third of these 
inspectors should be women. The inspections should not be 
limited to the period between 9 a. m. and 3 p. m. as is the practice 
at present. It is highly important that inspections should also 
be in the late afternoon and at night. 



Conclusion 

We believe that the prohibition of the employment of young 
children in tenement house work, the prohibition of the manu- 
factnre of food products, dolls' dresses, and clothing and the 
wearing apparel of infants and children, together with the recom- 
mendations we have made for an improvement in the adminis- 
trative features of the present law and the creation of a division 
in the department for its adequate enforcement will protect the 
public more effectively. It is probable, however, that in the future 
more radical action will be necessary. 

We recommend, for the present that this entire subject receive 
the careful consideration of the Industrial Board, which should 
make investigations from time to time to ascertain the con- 
ditions under which manufacturing in tenement houses, is carried 
on. If, after two or three years, it is found that attempted regu- 
lation is unsuccessful and that the necessary control over un- 
sanitary and unhealthy conditions of work in tenement houses 
cannot be secured by inspection and supervision, then all manu- 
facturing in tenement houses should be prohibited in the interests 
of the home-workers, of the dwellers in tenement houses and of 
the public at large. 



* Bills 8 and 9. Appendix I. 



m 



124 Report of Commission. 



IV. 



THE CANNERIES 

The fruit and vegetable canning industry differs from all other 
manufacturing industries in New York State in the important 
respect that the canneries are geographically isolated. They are 
scattered over eighteen counties largely rural, in hamlets, villages, 
and little cities, and are usually situated in the farming region 
even when there are other industries in the same county. 

Through their situation the canners are thus removed from the 
regular field of work of the state factory inspectors who must 
make special tours, expensive in time and money, to inspect them. 
They are also removed from the daily observation of the con- 
suming public and of the workers in other industries. 

The employees are either the native American neighbors of the 
canneries or foreigners imported from cities in family groups of 
men, women and children. These diverse elements separated 
by race, language, and religion have little in common with one 
another and form no organizations of any kind. They have, more- 
over, little commimication with the outside public. Being scat- 
tered units they have no eifective means of making public their 
opinions and wishes. 

For these reasons little is knowTi about the canning industry. 
It has therefore been difficult for legislators to weigh intelligently 
the claims made by canners for exemption from the provisions of 
the labor law relating to the employment of women and children. 

With regard to these provisions the fruit and vegetable can- 
ning industry has always occupied a imique position. The in- 

dustrv has, as a whole, never obeved them for it has never been 

« • . •/ 

eonipelled to do so. Officials who should properly assist in enforc- 
ing the law no less directly than the Commissioner of Labor seem 
to have contributed actually to its relaxation. This fact applies 
not only to local magistrates and juries but also to local school 
authorities and to state officials. 

Ever since 1008, the canners have unweariedlv sought for their 
industry both complete exemption through amendment of the 
statute relating to factories, and partial exemption, through 



Report of Commission. 



125 






interpretation of its provisions by the Attorney-General. The 
canners have achieved both these ends. The opinion rendered by 
a former Attorney-General which will be referred to more fully 
hereafter, declared that the factory law did not apply to cannery 
sheds. This opinion removed an ever increasing body of women 
and children from the protection of the factory law and has 
resulted in the enployment of children of a very tender age in 
the sheds. 

In 1912 the legislature exempted the canning industry from 
the operation of the provisions of the factory law regulating the 
hours of labor for women. Subdivision two of section seventy- 
eight of the labor law as amended in 1912 provides that the pro- 
visions relating to the hours of labor of women in factories, 

"shall not apply to the employment of women and of 
minors sixteen years of age and upwards in canning and pre- 
serving perishable products in fruit and canning establish- 
ments between the fifteenth day of June and the fifteenth 
day of October each year." 

This wide open exemption permits the employment of minors 
over 16 years of age and of women, for any number of hours 
during the canning season. 

Extent of the Industry 

The industry thus exempted from this very important pro- 
vision of the labor law is growing in extent. There were, dur- 
ing the smnmer of 1912, 12a canneries engaged primarily in 
canning fruits and vegetables. 

According to the United States Census of 1910, the canned 
goods packed in the state of New York in 1909 amounted to 
4,356,861 cases of all products packed, valued at $8,454,359. 

In its output of canned peas New York ranks second among 
the states of the Union; in its output of canned beans, third; 
and in its output of canned corn, sixth. 

Our investigators report that there are employed in the can- 
ning factories, off and on, throughout the season approximately 
14,000 men, wom en and children.* Of the children our investi- 

nian^'^^?*®™®^*^**^"™ lubmltted by the Canners' Association of New York 
places the number as high as 40.000. The Census Report for 1910 fixes itlt 8.81& 



126 



Report of Commission. 



gators found 1,355 undor the age of sixteen, at work, but are of 
the opinion that the number actually employed was approximately 
1,700. 

Tlie crops with which the canneries deal include peas, beans, 
corn, succotash, tomatoes, pumpkins, and other vegetables ; apples, 
berries, cherries, peaches, pears, plums, and other fruits. 

Claim of the Caxnkriks to Exemption from the Factory 

Law 

The canners rest their plea for exemption from the factory 
law upon the perishable nature of their material, the shortness 
and variability of their season, and the alleged healthfulness of 
the surroimdings amid which women and children work. The 
nature of the material and the variability of the season are, 
thev assert, conditions bevond their control. But these two pecu- 
liarities of the industry involve in themselves, according to the 
canners. certain mitigations for the workers; for, between the 
periods of maturity of the various crops, rest from ^employment 
usually follows a rush period. They further declare that since 
their factories are among the fields, work in them is more akin 
to agricultural than to factory labor. They point to the fact 
that " the Lord ripens the crops," and place upon Him all re- 
sponsibility for the irregularities of their industry. 

The Investigation of the Commission 

The fact that most of the employees in the canneries are women 
and children made it very important for the Commission to 
devote a portion of its time to a careful study of conditions in 
this unresnilated industrv. Accordinglv the Commission both 
through personal visits of its own members and through the 
assistance of investigators, made a thorough inspection of con- 
ditions in this industry during the canning season of 1912. The 
investigation covered the employment of women and children and 
their hours of labor, and general sanitary conditions both in the 
canneries themselves and also in the living quarters of the for- 
eigners employed in the canneries. 

The investigation was conducted by Mr. Zenas L. Potter, 
assisted by nine field inspectors. It was unusually thorough. 



Report op Commission. 



127 



One hundred and twenty-one out of one hundred and twenty- 
eight canning factories of the state were inspected. The method 
generally employed was that of a regular official inspection by 
the Commission's investigators. Where, however, special infor- 
mation in regard to working conditions was needed several of 
these investigators would secure employment as workers in the 
canneries and in this way be able to describe in detail the work- 
ing conditions of the women and children. Much information 
was also obtained from the official records and time books of 
the canners. Furthermore, the members of the Commission per- 
sonally inspected a number of canneries and examined under 
oath the canners, their superintendents, and the women and chil- 
dren who were found there actually at work. 

A public hearing to consider proposed legislation for the can- 
neries was held by the Commission in Albany on Xovember 26th, 
1912, to which all of the canners of the state were invited! 
Twenty of the canners were present in person and the entire 
canninir industry of the state was represented by counsel. Every 
opportunity was given to the representatives of the industry to 
present their side of the case. The Commission permitted coun- 
sel for the canners to cross-examine the investigators and inspec- 
tors called by the Commission. It also permitted the canners 
to call witnesses and to have their own counsel examine them. 
Many of the canners themselves testified to working conditions. 
At a later public hearing at Rochester, the Commission again 
allowed the counsel for the canners to call and examine several 
witnesses. The counsel for the canners regarded the proceedings 
and investigations of the Commission as most fair to all con- 
cerned. A memorandum submitted on behalf of the Canners' 
Association is set forth in Appendix X. 

CHILD LABOR IN THE CANNERIES 

Our investigators during the canning season of 1912 found 
1,355 children under sixteen years of age at work in the canning 
factories proper and in the sheds of these factories. Of these, 
9e were employed in the factories proper and 1,259 in the cannery 
sheds. Of the shed-workers 942 were under fourteen years of age ; 
141 under 10 years of age, of whom 30 were six years old or under! 



128 



Keport of Commission. 



Only 12 children under fourteen years of age were employed in 
the factory proper. The Commission itself in the tour of inspec- 
tion of the canneries made in August, 1912, found a number of 
children under ten years of age at work in the sheds. 

A canning factory is made up generally of a group of at least 
three buildings : a process building where the vegetables are sealed 
and cooked, a store house, and a shed where the vegetables and 
fruits are prepared, as for example, beans are snipped and com 
is husked. It is in these sheds that nearly all of the children are 
employed. 

Attorney-General's Opinion — Canneby Shed Not a 

Factory 

For a clear understanding of the child labor situation in the 
canneries it is necessary to refer briefly to the laws of the state 
relating to the employment of children, to the interpretation 
placed upon those laws by state officials, and to the present status 
of such laws so far as their practical operation and enforcement 
are concerned. 

The child labor law enacted in 1886 prohibited the employ- 
ment in a factory of any child under fourteen years of age and 
prohibited the employment of children between fourteen and six- 
teen years imless an emplojTuent certificate was obtained. In 
1903 this statute was amended by including in this prohibition 
the work of such children " in connection with any factory." 

There is but little doubt that up to this time everyone concerned 
in the enforcement of the child labor law believed that it applied 
to the sheds maintained in connection with a canning factory. In 
1905 a number of canners requested the Commissioner of Labor 
then holding office, to investigate conditions and to determine 
whether the factory law applied to the sheds. The Commissioner 
of Labor applied in turn to the Attorney-General for a ruling on 
the question. The latter delivered an opinion in which he held 
that under certain conditions work in the cannery sheds was agri- 
cultural in character and that the factory law did not apply to it ; 
that is, that the child labor law relating to factories did not apply 
to children at work in the sheds. 



Report of Commission. i29 

In the concluding portion of his opinion the Attorney-General 
said : 

" If the employment is in sheds devoid of machinery in 
the open air, unconnected with a factory, and not subjecl to 
the discipline and hours governing factory employment, I 
am of the opinion that such employment of children under 
fourteen IS legal, providing it does not conflict with the pro- 
visions of the compulsory education law." 

.^. ^^;^;^"^«P5^^^«°^« ^tween the Commissioner of Labor and 

forth in full m Appendix V., Report on Indy^trM CondUior^ in 
trie (Jannenes, 

Yi^-w^ differ as to the correctness of the opinion of the Attor- 
ney<!eneral, as a legal document. In any event the opinion did 
not warrant the employment of children in the cannery sheds at 
any age, for any number of hours, and under anv conditions as 
18 the practice to-day. As a practical matter; however, the 
opinion was interpreted to mean that the factory law, irrespective 
of the conditions upon which the opinion was based, did not apply 
to work in cannery sheds. At any rate nothing was done by the 
Commissioner of Labor who asked for the opinion, to enforce the 
child labor law even as to work in such sheds as could not possibly 
come wKhin the Attorney-General's classification as agricultural. 
In the actua practice of enforcement it would as a matter of 
fact be virtually impossible to make the distinctions that the 
Attorney-General pointed out in his opinion. The result was that 
for several years after the opinion was rendered nothing at aU 
sTeds "' ^° ^^^ employment of young children in cannery 

Jl'^r "'^7 • '"*'' C»°^'^'««''''e>- of Labor, in response to 
popular demand, instituted proceedings for violation of the child 

.^A ^^ « employment of children under fourteen in the 

beds his efforts were successfully opposed in every case brought 
to rial, by the reliance of the defense solely on the opinion of the 
Attorney-General previously quoted. In practically every one of 
these cases the conditions were different from those assumed by 
tie Attomey^eneral as the basis of his opinion. The verdicte 
in these cases showed, however, that not only the canners but the 

» 



I 



130 



Report of Commission. 



local courts, instead of construing the opinion strictly, stretched 
it to the utiaost, without regard to the conditions mentioned 
therein, namely, thit the sheds in which the children were em- 
ployed should contain no machinery and should be structurally 
unconnected with a factory. The people, of course, cannot appeal 
from verdicts rendered for defendants in criminal cases so that 
there has been no ruling on the subject by any superior court. 

The Sheds 

Whether or not the Attomey-Generars opinion is sound law and 
whether or not the interpretation placed upon that opinion by 
local courts is correct, is relatively unimportant at this time. We 
are no longer deeply concerned with what the law in the past has 
been theoretically or in practice, but we do deem it to be of vital 
importance that in the future it should be expressed so clearly and 
imequivocally as to leave no room for any doubt or speculation 
concerning its scope or applicability. 

Anyone unacquainted with the arrangement of cannery build- 
ings might assume that the shed is always out in the open fields 
away from the factory proper and unconnected with it in any 
way. That assumption, however, would be frequently an error. 
Of the 33 sheds that were inspected in which children were em- 
ployed, 11 were contiguous with the factory proper, 2 were within 
one foot or less, 9 were within from nineteen to twenty-five feet, 
2 were within from twenty-five to fifty feet. In twenty factories 
visited the passage between the shed and the factory was 
unobstructed. 

The following facts show the character of the sheds where chil- 
dren worked : 

Floors 

Floored 24 

XJnfloored ^ 

Walls 

Entirely enclosed ^ 

One side open 2 

Two sides open 3 

Three sides open 9 

All sides open 13 



Report of Commission. 

Distance from Process Building 

Contiguous with it ^^ 

10 feet or less from it o 

11 to 25 feet .!..... 9 

26 to 50 feet 2 

125 to 300 feet 4 

% mile ^ 

2 miles ^ 

Connection with Process Building 

^0 connection -it 

Structural and power connection 5 

Power and conveyor n 

Structural and by power and conveyor 6 

Barner to Free Passage of Workers Between Shed and 

Factory 

Actual barrier « 

No barrier oq 

Distance barrier k 

Artificial Light 

Contain artificial light 24 

Ko artificial light 9 

Machinery 

Sheds containing machinery 14 

(Operated when children work 8) 

(Sheds containing machinery, " dead *' 

when children work ^\ 

Sheds containing no machinery 19 



131 



The sheds are, therefore, in most cases clearly a part of the 
general manufacturing plant since they are one of a group of 
buildings constituting the factory. 



132 



Repobt of Commission. 



I 



A significant point to be borne in mind is that 24 out of 33 of 
these sheds in which young children were found working have 
provision for artificial lighting by which work may be carried 
on after nightfall. This has made possible the abuses in the em- 
ployment of children that have been called to the Commission's 
attention. 

It is our conclusion from personal inspection, from the reports 
of the investigators, and from the testimony of witnesses given 
before us that the majority of the cannery sheds more nearly 
resemble factories than places in which agricultural labor is 
carried on. 

Ages of Childken 

Because the cannery sheds have been exempted from the factory 
law the canners have been permitted to employ in them children 
of any age. The ages of 1,259 children found at work in 33 sheds 
are as follows: 



Ages 

14 to 16 years, 
10 to 14 
Under 10 



(I 



u 



Number of Children 

317 
801 
141 



Of the children found at work, 141 were under ten years old, 
ranging from three years up, and 942 were under fourteen years. 

Ages of Children in Sheds 

The ages of 1,259 children foimd at work in 33 sheds are as 
follows : 

Ages Number of Children 

3 years of age, 1 

3 

30 

10 

26 

46 

89 

180 

186 

239 



4 


a i 




5 


Si ( 




6 


U ( 




7 


t( i 




6 


u t 




9 


u t 




10 


« i 




11 


it i 




12 


it i 


i u 



Report of Commission. 



133 



Ages. 

13 years of age 

14 " " 

15 « u 



a 



ii 



Number of Children 
196 
188 
129 



For the following reasons these figures do not include all the 
children who were employed in the sheds : 

(1) At several factories which were known to employ consider- 

able numbers of children, only a few were found at work 
when the inspection was made. 

(2) At four establishments which regularly employ children, 

none were found at work during our inspection. 

(3) At one cannery, when the inspector appeared at 5 :30 a. m. 

approximately two hundred children of all ages were 
hurried away, so that records of their ages could not be 
made. These children were apparently already working 
when the inspector arrived. 

(4) At another factory, upon the inspector's arrival, fourteen 

children ran out at a command from the Italian " boss." 
All seemed to be and probably were under ten years of age. 
This factory pretended to employ no children under that 
age. 

Taking into consideration those factories where we were unable 
to get facte, it is our opinion that if 450 children were added to 
the number found at work by the inspectors, the total of 1,700 
would represent approximately the number of children under'six- 
teen who found employment last summer in the cannery sheds of 
New York State. 

Type of Work Done by Children 

The work of the children in the sheds is confined to the 
snipping of beans and the husking of corn. The work of 
snipping " is simple. At tlie end of the bean which has been 
next to the vine is a small collar and at the other end is a stringy 
point. To prepare the beans for canning, these collars and pointe 
must be snipped off. The beans are brittle when snipped and it 
requires only a quick twist to remove the collar and the strmgy 



I 



134 



Report of Commission. 



point. No great muscular effort is required, but after a day of 
snipping at the beginning of the season, it is usual for the wrist 
to become lame and the fingers sore. In children these effects 
are aggravated. 

At a number of factories, including those where the largest 
number of children are employed, the children who snip the beans 
carry the full boxes to the weigher to be weighed, a distance 
sometimes of 100 to 200 feet and even farther. The majority of 
the boxes when full weigh from 19 to 21 pounds, and some as 
much as 29 pounds. 

Com husking requires more effort than bean snipping. It 
Boraetimes takes all the strength of a small child to tear the husks 
from the ear of com and to break the stalk from the ear. This 
operation when it is performed for long hours becomes fatiguing 
even to an adult. The crates of com are carried to the checker 
usually by two persons and weigh from 40 to 60 pounds. In 
many canneries children of all ages, both girls and boys, carry 
the crates. The strain is considerably greater than in carrying 
boxes of snipped beans. Small girls have been seen tugging at 
crates that they were hardly able to carry. 

The seats provided for the shed workers are poor. In prac- 
tically all of the cannery sheds which the Commission personally 
inspected, boxes without any backs were provided. These were 
often too high or too low and not properly adjusted for work. 
The light and ventilation in the sheds is good, but because one 
or more sides of the sheds are open, the workers are often ex- 
posed to dampness and cold. 

Hours of Labor 

No record is kept of the hours of labor of children in the sheds, 
and so far as the canner is concerned they are free to come and 
go as they please. Children told the Commission that they 
often worked in the sheds from early in the moming till late at 
night. At one canning factory our inspector reported as follows: 

" Inspector stayed at factory till 9 :30 p. m. Twenty-three 
children under fourteen years in shed till 9:15 p. m. Some 
left then, but about a dozen stayed later. When inspector 
first came, children were carrying boxes of beans weighing 



Report of Commission. 



135 



15 to 25 pounds from shed to factory, a distance of about 
150 feet, to be weighed. Later, however, a man with a 
wheelbarrow brought them to the factory. At 9:10 a girl 
of thirteen and a boy of eleven went to sleep at their work, 
bent over the boxes into which they had been snipping, their 
heads ^resting on their arms. Boys told -the inspector that 
'Boss' had said snipping would commence at 4 o'clock next 
morning. One-half of the shed was covered a foot deep with 
beans which were held over night." 

Children as young as four and five were reported to be working 
at night, but they were with their parents. Many children ten 
years of age and over came alone. At some factories no snip- 
ping is carried on at night. At others the work goes on in the 
shed sometimes until eleven o'clock, according to the policy of 
each factory. The factories which employ children fall into 
two groups: those which use local American help for snipping 
and husking and those which employ foreigners to do the work. 
In the former, the conditions are usually much better than in 
the latter. The canner, to get his beans snipped, must either 
bring out a larger number of foreigners from the city, at in- 
creased expense, or work those he has for longer hours. For 
this reason the hours of shed work are generally longer in fac- 
tories where foreigners are employed. It was in a factory where 
the workers were Italians and Poles that two hundred children 
were sent scampering away when an inspector appeared at 
6 :30 A. M. 

Children Forced to Work 

When the snippers are foreigners, their exploitation is the rule 
and not the exception. Children are commonly driven by their 
parents to work for long hours. The canners keep the sheds 
open for labor, and supply the beans or com to be snipped or 
husked. The parents see that the children are there to work. 
This fact is illustrated from the following paragraph taken from 
the report of a "working investigator": 

"The parents are continually driving children to work. 
One little boy, aged 11, who was throwing some bean snip- 



I 



•I 

J 



186 Report of Commissioi^. 

pings at another had stopped work a second. His father hit 
him brutally across the face and set him to work again. 
Everywhere parents are forcing the ^kids* to work." 

Again an investigator reports: 

"Nellie V says she is 10, but she looks 8. She 

snipped from 4 :30 a. m. to 7 a. m. ; from 7 :30 a. m. to 12 m. ; 
from 12 : 30 p. M. to 5 p. M. She got up at 4 a. m. Liked to 
snip, but was *awful tired/ Said her mother made her keep 
at it." 

The following is a report of an investigator who worked in a 
factory employing Italians: 

"Little Jack, aged 12, up from 3 a. m. and snipping from 
4:30 A. M. to 10 p. M., with only a few minutes for supper, 
said: *My fingers is broke.' He went to bed last night at 12 
and got up at 3. He said he was * awful tired,' but his 
mother made him work. He tried to go home several times. 
His hands were swollen. His sister, aged 10, could hardly 
keep her eyes open, and her mother scolded her constantly. 
Jack made $1.40. He said he couldn't keep any of it. He 
said work like this was nothing to peas when his mother 
and sister would come home every night at 1 and 2 a. m. and 
* they was so sick they fell down and vomited.' " (August 
20, 1912). 

The next day the investigator reported: 

"This morning when I got to the shed at 7, Jack was 
sitting wrapped up in a big shawl, very pale, with his black 
eyes just sagging out of his head. He had his fingers done 
up in a dirty rag. I asked him if he had to get up at 3 again. 
He said : * They pulled me out of bed at 4 o'clock.' His sis- 
ter cried, but they had to go * or get a beating.' 

Another little chap, about 11, who had snipped from 
4 A. M. to 7 p. M. yesterday, and to-day from 6 :30 a. m. to 
10 p. M., told me he thought it was ' only 8 o'clock at night 
when they dragged him out this morning at 4.' He thought 
he had been asleep ' only a minute.' " 

The following is from the evidence given at the Albany hear- 
ing by Miss Mary Chamberlain, one of the inspectors of the 






Repobt op Commission. 



137 



Commission, concerning the hours of labor of some of the shed 
workers in the establishment in which she was employed : 

MiUy V , aged 10, shed worker: 

On August 15th she worked from 11 a. m. until 6 :45 p. m., 
7 3/4 hours, and ate only a peach for lunch. 

August 17th she worked from 7:30 a. m. until 10:30 a. m., 
picking; 10:30 a. m. until 3 p. m., snipping, and ate a little 
bread and butter for lunch ; total 7 1/2 hours. 

August 20th she worked from 4:30 a. m. until 7:30 a. m., 
snipping; 11 a. m. until 12:30 p. m., snipping; 1 p. m. untU 
6 p. M., snipping; 6:30 p. m. until 9:30 p. m., snipping; 
total 12 1/2 hours. ^ ' 

Q. That child went to work that day at what hour? 
A. 4:30 in the morning. 

Q. And she stopped at what time ? A. 9 :30 p. m. 

August 21st she worked from 4:30 a. m. until 7am 
snipping; 7:30 a. m. until 12 m.. snipping; 12:30 p. m. until 
5 p. M., snipping; total 11 1/2 hours. 

August 24th she worked from 11 :30 a. m. until 6 p. m. 
and she ate a little while she was snipping; she worked from 
6:30 p. M. until 11 o'clock at night, snipping, a total of 11 
hours. 

August 26th she worked from 4 o'clock in the morning 
until 7:30, snipping; from 8 o'clock until 12:30, snipping- 
1 until 6, snipping; 6:30 until 10, snipping; total 16 1/2 
hours. 

Q. From 4:30 in the morning until when? A. Until ten 
o'clock at night. 

Where American help is used for snipping or husking, work 
seldom commences before 7 a. m. and never, to our knowledge, 
before 6 a. m. Where foreigners are used, it is not unusual for 
work to commence at 4 or 4:30 a. m. when the rush of beans or 
com is on. Where Americans are employed the children seldom 
do other work during the day. The Italian children, however, 
when the crops are coming in, are frequently roused at dawn, 
Bnip till it becomes light, pick beans in the fields after they dry 
off from the night dew, and with nightfall go into the sheds and 
Bnip again. 



«i 



f 



138 



Report of Commission. 



Where American help is employed for snipping, the children 
are in some cases forced by their parents to do this work, as the 
following report of a " working investigator " indicates : 

" Lucy D., 11 years, came into the shed and said she didn't 
want to string. I asked her why she did it and she said, 
' I've got to.' " 

Cases in which American mothers force their children to work 
are, however, the exception and not the rule, and even then the 
children are not forced to work excessive hours. Many of the 
American children are eager to go to the sheds where there are 
many other children and where they can earn a little spending 

money. 

There are nevertheless unquestionably some instances of child 
exploitation when the sheds are kept open for work up to 14 
hours a day, even where American help is employed. Since, 
however, no records are kept of the hours during which the chil- 
dren work, these instances could be discovered only by careful 
study of such individual cases as we were able to trace. For 
instance, a ^' working investigator " reports : 

" Mrs. McG had a little girl aged ten in the factory. 

She did not use such stringent methods of forcing the child 
to work as the Italians did, but kept her constantly at work 
six or seven hours a day. She was not so brutal about this 
as the Italians were, and she did let the child go home to 
meals, and stop when she pleaded and pleaded with her 
mother that she was tired." 



WoBK IN Sheds is not Play 

One investigator who worked in the sheds comments as follows 
on the difference in the attitude toward their work of the children 
at the beginning of the bean crop and later when the season is 
well under way: 

"The difference in the attitude of the children toward 
snipping is very noticeable. At first, when there were only 
a few hours of work and they had lots of time to * help mother 
snip beans ' they were full of play and acted like real chil- 
dren. Now they sit like little machines with their fingers 
tied up in rags, and snip away all day long. If they start 



Repoet op Commission. 



139 



for home or evince any spirit of play, they are promptly 
whacked or supplied with more beans by their parents." 

An incident which occurred at one factory where a rule was 
put into effoct, that no child under ten is permitted to snip, illus- 
tratcs the ^reed of parents for the earnings of children. Some 
bovs under ten got into the shed and when the foreman attempted 
to put one out he fought to stay. His mother came to his rescue 
by throwing boxes and finally managed to bite the foreman vi- 
ciously on the arm. If the mother would fight in this way to have 
the boy permitted to work, it may well be asked what she would 
do to the boy should he refuse to work. 

Xcr are the parents alone to blame. Their parental love is 
oftan dullec! by the hard grind of necessity. Manifestly a can- 
ncr wb(, pays low wages to parents cannot argue convincingly 
that the children should be permitted to snip beans to increase 
the meager earnings of the family. If children should not be 
per.iiitted to work, the cannery owner would still be under the 
necessity of obtaining the labor of their parents and unquestion- 
ably would soon have to pay the parents approximately what 
is n(»w the total family income. 

T.iE JSTkcessity foe the Employment of Young Childeen 
It has frequently been asserted that the employment of young 
children is indispensable in this industry. We have not found 
this to be the case. Thei-e are in the state 76 canneries in all, 
packing corn. Our investigators received information from 68 
of these as to whether they employ children for husking. Of 
these 23 do so and 45 do not.. In other words about two-thirds 
of the canners pack corn without employing children for husking. 
The following table shows for the 10 factories packing the larg- 
est number of cases of corn, set forth in the order of the number 
of cases packed, whether or not they employ children for 
husking: 

Factory No. 1 Employs children. 

2 Employs no Children. 

3 " « i( 

4 " <t u 



4 



n 



u 



a 



i( 



u 



m 



rr'tT^ijiii I I »! 



I 



I 



1: 
'J. 



140 



Report of Commission. 



ictor^ 

1/ 


f No. 


5 






6 


* // 




7 






8 






9 






10 



Employs uo 


children 


« it 


u 


u u 


ii 


t( ti 


u 


u u 


ti 


Employs children. 



Only two of the ten employ children. One of these two fac- 
tories has the largest output in the state, but the owner of this 
factory has stated to the inspector that he intends to have husk- 
ing machines in 1913 and thus to eliminate child labor entirely. 

It can hardly be maintained that the successful packing of 
corn demands the employment of young children. Within the 
last few years husking machines have been perfected which husk 
com satisfactorily and they are rapidly being installed in the 
corn canneries of the state. The use of children for husking is 
becoming yearly more and more confined to the small canneries. 
It is only a matter of time when husking will be done entirely 
by machine. An important effect of a law prohibiting the em- 
ployment of children for husking will be to hasten the substi- 
tution of machinery. In the long run this change will probably 
prove a benefit, not a detriment to the industry. 

There are, in all, 61 factories in the state packing beans. Of 
these 30 use children for snipping; 6 send beans into the homes 
of the workers to be snipped, and 25 use no children. In other 
words, half of the factories canning beans employ no children. 
The following table shows for the 10 factories packing the largest 
number of cases of beans, set forth in the order of the number 
of cases packed, whether or not they employ children for 
snipping : 

Factory No. 1 Employs children. 



(i 



iC 



ti 



ti 







3 






4 






5 






6 






7 


u 




8 



Employs no children. 
Sends beans into homes. 
Employs children. 



it 



it 



Employs no children. 
Employs children. 



^a 



B 



Repoet op Commission. 



141 



Factory No. 9 



it 



10 



Employs children. 

Employs no children. Part of snip- 
ping is done in homes. 

The existence of the many canners who pack beans without 
employing children, proves that child labor is not necessary in 
that industry and that the problem of its elimination is simply 
a question of adjusting the size of the pack to the available adult 
labor supply, and of obtaining a larger supply of adult workers 
by increased wages. 

Employment of Childben to Obtain Parents' Labor 

A number of canners have disclaimed any desire to employ 
children, especially the younger ones, but contend that the labor 
of their parents is necessary and cannot be secured unless the 
children are allowed to accompany them to the factory. Our 
investigations proved, however, that this contention is without 
foundation. Of the 1,259 children under 16 years of age em- 
ployed in the sheds, 754 came alone, and only 505 came with 
their parents. 

Provision can readily be made, as has been shown in the case 
of several canning factories in this state, for places in which 
the children may remain with a caretaker while their parents 
are at work. This is an inexpensive method by which the can- 
ners may employ the parents without employing their children. 

Summary of Findings 

The results of our investigation concerning the employment 
of children under fourteen in cannery sheds may briefly be sum- 
marized as follows: 

1. That young children are employed in cannery sheds to an 
extent unknown in any other industry of the state. 

2. That work in the cannery sheds is more closely akin to 
factory work than to agricultural labor. 

3. That numerous children under ten years are employed at 
such work. 

4. That children are iu the sheds not for play but for work. 



142 



Report of Commission. 



5. That children are kept in the sheds late at night and often, 
though not working, are deprived of necessary sleep. 

6. That truancy is aggravated by child labor in canneries, and 
that children, particularly of foreign parents, are often deprived 
of weeks and months of schooling. 

Laws in Otheb States 

In Illinois, Ohio, Tennessee, Iowa, Maine, Michigan, Mis- 
souri, Kew Jersey, and Pennsylvania, nine of the fifteen leading 
canning states, no children under fourteen years of age are per- 
mitted to work either in the factory or in the sheds. 

In four states, California, Indiana, Maryland, and Georgia, 
no child under 12 years may be employed in canneries. In the 
first two states such employment is permitted only during va- 
cation time. 

In but one of the leading canning states, Delaware, is there 
total exemption from a fourteen-year age limit applying to other 
industries. 

In practically all of the large canning states, therefore, the 
employment of yoimg children in or in connection with a can- 
ning factory is prohibited. 

Recommendation 

That young children should be allowed to work in cannery 
sheds under the conditions tliat have been described is a wrong 
against childhood and against the state. During vacation time 
they should be out in the sunshine at play, and not at work in 
a cannery shed. In our industrial life they should not be made 
to do the work of men and women. The state must not suffer 
the lives of its children to be blighted, their health impaired, 
and their education neglected by premature employment. 

The solicitude of the canners lest the family income be re- 
duced if children are prohibited from working, deceives no one. 
Experience in other industries in the past has shown the con- 
trary to be the case. The employment of young children in the 
cannery sheds is an unnecessary evil. The industry can get along 
without it. Many of the canners themselves are opposed to such 



Repobt op Commission. 



143 



employment, and half of them do not resort to it to-day. In any 
event, the state of New York cannot countenance a plea by any 
industry that it is dependent for its prosperity upon the employ- 
ment of young children. 

We recommend therefore that the definition of the word " fac- 
tory " in the labor law be amended so as to include " all build- 
ings, sheds, structures or other places used for or in connection 
with any mill, workshop or other manufacturing or business es- 
tablishment, and that children imder fourteen years of age be 
prohibited from working in connection with any factory or for 
any factory at any place in this state/* This should not apply, 
however, to children working on their home farms for their 
parents.*'" Boys over the age of 12 years may be employed in 
gathering produce for not more than six hours. 

The proposed bill recommended in the preceding section of the 
report to prohibit the employment of young children in tenement- 
house work has been drafted so as to cover the prohibition of the 
employment of children in the cannery sheds. 

WOMEN'S WORK IN THE CANNERIES 

The main purpose of this inquiry has been to furnish informa- 
tion on which the legislature may determine how many hours 
per day and week the state of New York should permit women 
to work in the canning industry. The needs of the worker and 
the demands of the industry must both be considered. The 
constitutional basis for all laws restricting women's hours of 
labor is the protection of their health by preventing exhausting 
labor. 

Conditions of Labor 

According to our most careful estimate approximately 7,000 
women were employed in the New York State fruit and vegetable 
canneries in 1912.f The conditions under which they worked 
varied from factory to factory and according to occupation. 

An important part of the canners' plea for exemption of their 
industry from the application of the factory law, rests upon the 
rural surroundings of the factories and the nature of the work. 
The investigation of the Commission, however, shows that the 

Bill 8, Appendix I. 

*-. t*"^]^*^. ^°^* "°,*^ include shed workers or women employed in pickle factories 
fnilt drying establish men tju or flab Tanneries. P'^«.ie laciones. 



I 



i'> 



144 



Repobt of Commission. 



I 

t 

t 

k 






w 






canneries, though differing occasionally from other factories in 
the matter of light and ventilation, nevertheless resemble them 
in certain essential respects. 

In particular, the canneries, like other factories, are filled with 
machinery. Much of this machinery is noisy and some of it is 
dangerous. Projecting set-screws or power-driven machinery, 
unguarded bolts, chains, and pulleys are common. The work in 
the cannery factory is for the most part speeded to keep pace 
with the machines. 

The accompaniment characteristic of all factory work of 
women is strain. All the causes that may contribute to strain in 
other industries are also present in the canneries; for example, 
heat and cold, glare (when work is done by artificial light), noise 
of machinery, sitting in uncomfortable positions or standing, wet 
floors, danger from machinery, heavy lifting, and monotony of 
toil. Nearly half of the women, 47%, work amid a steady grind- 
ing of machinery, sometimes so great as to prevent conversation. 
Indeed, great noise always attends the operation of certain in- 
dispensable machines at which large numbers of women are em- 
ployed. This fact is especially significant in measuring strain 
in a working day of from twelve to twenty hours. 

Even in the matters of temperature, ventilation and light, the 
conditions in the canneries were often found to resemble those 
in many other factories. For instance, the work is done in 
summer and in many cases the factory buildings are hot because 
of the cooking of products. There were found 11% of the 
women working where the heat was excessive and 19% where the 
ventilation was poor or only fair. Furthermore, 16% of the 
women were working in bad light. This circumstance caused 
eye strain day after day. 

The floors were wet where 19% of the women worked, a con- 
dition due in many cases to carelessness, but in others to processes 
in which it is impossible to keep the floors dry. Such a simple 
precaution as the provision of a slat floor above the cement or 
wooden floor is rarely seen. In nine sheds in which women and 
children worked there was no artificial floor whatever. 

For 5% of the women there were no seats; where seats were 
provided 77% were without backs. Boxes, stools, often uncom- 



Rbport of CoMMissioir. 



145 



fortably high in relation to the work, and seats without backs, 
formed the equipment In general, the height of these seats has 
no relation to the age, height, health, or comfort of the worker. 
No conspicuous value, therefore, attaches to the claim that the 
rural surroundings of canneries offset the disadvantages of long 
and irregular working days for women. 

Vaeieties of Woek 

Tomato Peeling 

It seems to be the general opinion among the canners, and it is 
probably the fact, that women when standing can peel tomatoes 
more rapidly than when seated. Many canners accordingly do not 
provide seats. The tomatoes are first scalded and then carried 
in pails to the workers. Often they are steaming hot and fill the 
air with vapor. The whole process is extremely damp. The 
floors usually become wet and the workers themselves are soaked 
unless well protected by waterproof aprons, which are furnished 
by a few factories. At certain factories the women must carry 
from the scalder to their tables twelve-quart pails of tomatoes, 
and after peeling them, from the table to the "checker." A 
description follows of the process at one factory where the worst 
conditions prevail: 

"Sixty-eight women, and eight girls between 14 and 16 
years of age, stand peeling tomatoes. Floors are damp and 
air is laden with steam, especially near the scalder. Women 
carry dish-pans of tomatoes to tables from the scalder, and 
pails from the tables to the checking place, a total distance of 
about 36 paces. The weight of the pans and pails was about 
25 pounds each. The superintendent said at 4 cents a pail, 
women averaged $1.50 a day. This means carrying about 
four loads an hour or 37 1/2 a day. The owner said it did 
women good to stand and carry pans and pails: 'It gives 
them exercise,' he said. No seats were provided for the 
tomato peelers except for one very Btout woman." 
Other factories maintained better conditions. Several provide 
men or. conveyors to carry loads, and a few have installed porce- 
lain sorting tables with little basins at the places where women 
sit to peel tomatoes. 

10 



I 



• i 



I* 



146 



Repokt of Commission. 



Sorting 

Peas, beans, and com, before being placed in the cans, go 
through various processes. Peas first come from the viner and 
go through a cleaner which, by an air current, blows out much 
foreign matter. They then pass through a grader which sepa- 
rates them according to size. There still remain in the peas 
thistles, pieces of pods, and broken particles. To remove these 
the peas are nm over " sorting tables " or moving belts along the 
sides of which women sit and pick out foreign matter. 

Pea graders are constructed of horizontal metal planes with 
holes for the peas to fall through. In bean graders wire frames 
are used instead. These planes or frames are shaken by power 
and the machines when operated emit a continuous roar. It is often 
almost impossible to carry on a conversation where the women 
sorters work. Two-thirds of the women bean sorters worked 
where the noise was excessive. Sometimes the sorting tables are 
located near the washers or blanchers, with the result that the 
floors are wet where the sorters work. 

Sorting is partly " machine-paced." The women pick over 
products passed before them, and if they are conscientious, or if 
they are closely under the supervision of a forewoman or super- 
intendent, they keep pace with the machine. Investigators de- 
scribe women, when the conveyor has carried beans past faster 
than they could be handled properly, frantically pushing them 
back in the hope that the stream would soon slacken. If the 
employer tries to drive the machinery too fast, however, the qual- 
ity of the pack suffers, for the women do not attempt to sort 
cleanly. An offset to speeding is the fact that in many smaller 
factories slack moments are frequent, due to breakdowns in ma- 
chinery and changing of grades of beans on the tables. 

The steady, ever-moving stream of peas and beans often pro- 
duces nausea akin to sea-sickness, to such a degree that some 
women are unable to continue the work. Eye-strain, especially 
in picking out small foreign particles from peas, is often intense. 

The following reports are from women investigators of the 
Commission who actually worked at sorting: 

" Mrs. P told me at lunch time that she had a very sick 

headache. Working at bean tables alwavs makes her ill. 



Rkpoet of Commission. 



147 



"Towards the close of the afternoon Dolly R , who 

sorted peas, complained of headache. She said she had worn 
thin slippers and got her feet wet. She hopes that she can 
work inside at weighing beans, as working at the tables 
makes her ill. 

"I went to work at 7 o'clock this morning (Sunday). I 
worked several hours at sorting peas and then became so 
dreadfully sick that I had to leave the factory. This work 
is simple enough and does not require great physical effort, 
but the factory was so insufferably hot, damp, and smelly, 
that I became sick in a very few hours. The floors are con- 
crete and covered with water; the room is hot and full of 
steam; the noise of machinery is deafening, and the com- 
bination was more than I could stand. An American girl 
working in the warehouse told me that she too had been 
working at the sorting table on Saturday and that she could 
not stand it. The other two American women said that 
they worked at the sorting table last year and it made them 
dizzy and sick. 

" Sorting is very hard on the eyes ; all the women complain 
of this. One said that when she got home at night she took 
up the paper and tried to read, but ' the print kept flying by 
just like the peas.' The light is very good, however, and 
the electric lights are quite adequate. After eleven hours 
of work the eyes of all the women looked very tired. 

" The bean tables are right under the combination grader 
and sorter, and the noise is terrific — simply ear splitting ; 
mj ears are still ringing. Combined with the jiggling of 
the grader the work is most unpleasant. It makes one quite 
seasick, though sorting beans is not so monotonous and try- 
ing on the eyes as sorting peas. 

" Mrs. McA worked on the bean sorter this morning. 

It made her sick at her stomach (very!) and she could not 
work on it this afternoon. It gives one the same sensation 
as sea-sickness when the graders go up and down and the 
beans move forward on the tables." 

Feeding Corn Cutters 

Com cutting machines are usually fed by women. The task 
of feeding the cutters is unpleasant, because, almost without 
exception, the workers must stand, and the sticky milk of the 



- -?*" ~^. '' ' 



^ 



i 



[.? 



■A 



148 



Repoet of Commission. 



com spatters over them. This is the most highly speeded work 
in any of the canneries. The accident reports of the labor de- 
partment show that several fingers are lost in canneries every 
year. Undoubtedly most of these are caught in corn cutters, 
since the hands of operators come near the knives of the cutters 
and are likely to be drawn in, especially if a piece of cob gets 
lodged in the entrance to the knives and an attempt is made to 
remove it with the fingers. One large factory uses only men for 
work at the com cutters. 

Filling and Weighing 

The next process is the filling and weighing. The cans are 
required by law to equal a certain weight Those for peas and 
corn are usually filled by machines. Berries are sorted directly 
into cans. Beans are put into cans partly by machinery, but must 
be balanced by the proper weight. Cherries, tomatoes, pears, etc., 
are placed in cans by hand. 

This work is usually paid by the piece and consequently is 
done at a high rate of speed. The products worked on are often 
steaming and the air is, therefore, filled with vapor. Workers at 
this task usually stand, for no seats are provided.* It is regarded 
as one of the most skilled tasks in the factory. Workers often 
get their fingers cut on the sides of the cans, and the acids, espe- 
cially in tomato filling, irritate the sores. Here are reports of 
working investigators " regarding this work : 

"Lizzie J complained in the morning that she did 

not feel at all well, so I was not surprised when she did not 
return in the afternoon. Her place was taken for a few 
minutes by a young girl called Emma, who is working 
at filling cans with peas. She said it was hard because they 
have to stand all the time. 

"Mr. J said I could probably arrange to get a job 

filling cans. The only trouble was that it is very hard on 
the hands as the can sometimes cuts the fingers which always 
have to be protected." 



u 



• At one plant seats were provided for the women " fillers " for the first 
time on the day of the Commission's visit to the factory. 



It 



Report of Commission. 



On the Line 



149 



After cans have been filled they are passed to the "capping 
line," a series of machines which fill cans with syrup, stamp them 
to show variety and grade, and seal them. Women are largely 
employed in the four operations connected with this process. 

The machine used for filling peas and com often begins " the 
line." Into it cans are fed by a chute leading generally from the 
second floor. Here a woman — in some factories two women or 
a boy — feeds cans into the chute. The rate of work is deter- 
mined absolutely by the speed of machinery that demands very 
rapid action when only one woman is employed. A machine has 
been invented which automatically rights cans at the " filler." 
Such a machine wherever installed greatly relieves the tension 
of work, for then cans need not be placed in the chute right side 
up as is otherwise the case. This machine, however, is not yet very 
extensively used. 

Women also put caps on cans. The cans go over " the line " 
at the rate of 40 to 110 per minute. The capping machine in 
most general use has a capacity of about 72 cans per minute. As 
the cans go by, the women must place a small tin cap on each 
can. The speed is regulated absolutely by machinery and often 
women work at high tension. In 22 factories only one woman was 
used on a "line;" 35 factories used two. A machine greatly 
relieving this strain has been invented which automatically places 
caps on cans and the operator has only to feed them into it. Only 
a few factories, however, have installed this machine for it is a 
recent invention. The women who put on these caps always work 
close to a row of twelve red-hot soldering irons, and often the 
heat is excessive. Very commonly, too, the floors are wet. 

Here are reports from " working investigators " regarding this 
oapping machine work : 

" Lizzie J who works most of the time at the capping 

machine was transferred to the sorting tables and I sat next 
to her. She told me that a man had invented a machine to 
put on caps, so now there is only one girl who puts them on 
by hand. She said it was * frightfully hot work.' 

" A girl who works at the capping machine said that she 
found it ' very hot' " 



'♦':• 



160 



Keport of Commission. 



Report of Commission. 



151 



Sixteen factories employ women for "inspecting." Unless 
cans are perfectly sealed the contents spoil. The capping machine 
does its work remarkably well, but a considerable number of cans 
come through with slight defects. The " inspector '' sits by " the 
line," and as the cans go by examines each one. The eye strain 
of the work is intense and frequently aggravated by defective 
lighting. These inspectors suffer the same heat as the women who 
put on the caps, since each is placed at about an equal distance 
from the hot soldering irons. Floors where inspectors work are 
often wet. 

The speed of tasks " on the line " is, as has been said, deter- 
mined by the speed of the machinery, and women often work at 
high tension. This strain is partly offset by the fact that there 
are frequent interruptions in the work, due to changing the grade 
of product. In the larger canneries these interruptions are not 
so frequent because one line is devoted exclusively to one grade 
of goods. Even here, however, there are interruptions due to 
breaks in machinery and other causes, which partially relieve the 
high pressure. 

Labeling 

Before the cans are shipped they are labeled, and some of the 
fancier products are wrapped in tissue paper. This is usually 
done in the storehouse, though not always, apart from the noise 
and strain of most of the machinery. Sometimes labeling is done 
by hand, sometimes by a hand-operated machine, and sometimes 
by one driven by power. Hand labeling is usually piece work, 
so there is incentive to rapid work. Machine labeling is usually 
done at a high rate of speed. A description follows of this work 
at one factory: 

"Work on labeling machine keeps me at pretty high 
tension. I kept track of the speed of cans through the 
machine this afternoon. This is the speed per minute, ten 
different minutes, at which cans passed in front of the label 
inspector: 140, 141, 150, 112, 160, 20, 100, 148, 100, 140. 
She must take out any unlabeled can or one with a flaw. It 
keeps one busy and is trying on the eyes. One also uses the 
sense of feeling by keeping the hand running over the cans. 
The gilt of the can labels comes off and makes the hand 
smart. 



To be fair in judging this high speed, one must consider 
the fact that now and then there is a stop of five or ten min- 
utes when there is trouble with the machine or a new set 
of labels to be put in. When there are small orders, there 
are very frequently stops, but when there are big orders of 
five hundred or more cases, the high rate of speed continues 
quite a while. Also one must consider that there are two 
girls on each machine, one inspecting and one repairing, 
so that when one girl cannot stand the inspecting longer, the 
other can shift into her place. The noise is terrific, worse 
than at the pea sorting tables, and almost as bad as at the 
bean tables. The clap of the cans going into the machine, 
which sounds exactly like the capping machines, the roll of 
the trucks, the pounding of the machine which nails on the 
case covers, the clatter of the cases as the men thump them 
onto the carriers, tires one extremely." 

Again the investigator reported: 

"This afternoon we packed from our label machine 1,100 
cases. Since I worked on the machine all the afternoon, I 
inspected 2,400 cans or 80 per minute. This was steady 
work for the orders were large." 

From the labeling machine, goods are packed into cases ready 
for shipment 

The Packing of Cans in Ca^es 

From the capping lines, cans are put into large iron crates in 
which they are immersed in great vats and cooked. Then they 
are cooled in tanks of water and after they are labeled are taken 
to the storehouse and packed in cases. Sometimes women do this 
work. One "working investigator" describes this process as 
follows : 

" Ten hours in the warehouse to-day. All the women com- 
plained of being very tired before our work was over. They 
kept us more steadily at the packing of boxes, the pauses 
being less frequent and of shorter duration — about two 
minutes' pause every half hour or so. We work very fast 
and stoop constantly to get the cans out of the crates. I 
have aches and pains all over, and the other women complain 



« 



/ 



wk 



W 



^^^ Report of Commission. 

of pains in their arms. The foreman told us that if the 
superintendent came and saw us resting, even for a minute, 
he would send some of the women away to the factory and 
make it so much harder for the rest." 

Canio:bt Work Essentially Factory Work 

It is manifest throughout this evidence that the work of women 
m canning factories is distinctly factory work. The machinery 
in the modem cannery is becoming more and more intricate and 
highly speeded. There is extreme nervous and physical strain in 
many of the occupations in which the women are engaged. These 
facts must be considered in judging the strain to which the women 
are subjected by excessively long hours of labor. 

The Cannery Season 

The length of the season varies from cannery to cannery accord- 
ing to the goods packed. As a rule, berries are canned in June, 
peas in July, beans in August and September, corn in September 
and October, apples and pumpkins in November. Some factories 
pack only one product. Many small establishments pack only 
com, and three pack only peas. For these factories the season 
lasts only a few weeks. Two factories pack only peas and corn. 
Work is carried on in them a few weeks in the spring and early 
summer, and again a few weeks in the fall. Most factories, how- 
ever, pack a larger number of products, and a few put up pork 
and beans or plum pudding, so that work in them lasts practically 
all the year round. 

The length of the period of each crop varies from year to year 
in the different factories. Some years the weather is cold during 
the period when peas are ripening, and the packing is conse- 
quently spread over ^^re or six weeks; in other years warm 
weather brings in the crop more quickly and the season is shorter. 
Weather conditions in certain parts of the canning region some- 
times make crops last longer than in others. 

The methods of planting, cultivating, and harvesting crops have 
much to do with determining the number days the crops last. If 
a canner planted all his beans on a single day, which is of course 
never the case, he might expect them to mature on a certain day. 



;r^ 



Report op Commission. 



163 



If the planting is spread out over a number of days, the plantings 
do not mature all together. If then the canner plans to spread 
his plantings over many days or weeks the duration of the crop 
is necessarily longer than if such care were not taken. 

A canner who puts up a large pack of any crop, drawing his 
products from an extended area and many different plots of 
ground, has a longer season than one who puts up a small pack 
drawn from a restricted area, since varying conditions on widely 
separated farms lead to early and late ripening. 

The period when perishable products are canned lasts approxi- 
mately from June 15th, when berries begin, until October 15th, 
when com ends. It is true that strawberries often ripen the 
second week in June. But the period from June 15th to October 
15th is fixed by the canners during which they wish an exemption 
from the law restricting the hours of women. 

Rush Periods 

Every crop comes on slowly. At first there are a few days 
when work in the canneries is light and the hours few. Soon, 
however, the products begin to come in more rapidly, and almost 
invariably the hours of labor increase steadily until they reach 
a peak. Then they recede again until, at the end of the crop, 
there are only a few scattered days of work Peas ripen more 
quickly than other crops and deteriorate faster after harvesting. 

In factories where more than one variety of vegetable is canned 
there is often a rush of work for each variety with brief slack 
periods between. Early and late peas, for example, often result 
in two rush periods with about a week of slack work between. 

Beans, tomatoes, and com are not subject to such sudden ripen- 
ing and are not so perishable as peas. Their rush periods are 
therefore not so extreme as the rush of peas and are longer 
sustained. 

Between peas and beans there is very frequently a marked 
slackening of work, during which the factory operates but a few 
hours per day, or ia sometimes shut down entirely. Not often 
is there a lapse between beans and com. Generally the two crops 
run together so that there is sometimes a rush of work rather than 
a slackening. 



r*f 



fl 









li 



154 



Report of Commission. 



Tomatoes generally ripen at about the same time as com, and 
these two crops nin together causing an unusual rush of work. 
For this reason some canners who pack one of these crops do not 
pack the other, although both may be grown profitably in their 
territory. The days and hours of work are most consecutive where 
the greatest variety of products are packed. 

HoHEs OF Labor of Women 

The information of the Commission regarding working hours 
is based on complete transcripts for two years, 1910 and 1911, of 
official records of 70 different canneries. 

The longest hours per week discovered were 119%, worked by 
a woman in one factory during the pea season of 1912; and the 
longest hours per day discovered were 211A, worked by a woman 
in another factory during the cherry and berry season of 1911. 
These are extreme cases, but it is an indisputable fact that many 
canneries during the rush periods work women for excessive hours. 

The following tables show the longest hours of labor per day 
and per week recorded in the canneries in 1911 : 

Hours Worked; Longest Day 
13 canneries worked women 12 hours or less 
20 " ^ " 12 to 14 hours 

19 " " " 15 to 17 hours 

13 " « " 18 hours or more. 



Hours Worked; Longest Week 

15 canneries worked women under 60 hours 

61 to 66 hours 
67 to 72 hours 
73 to 79 hours 
80 to 89 hours 
90 to 99 hours 
over 100 hours. 



8 
6 
10 
11 
7 
3 



u 
a 

« 
(t 
« 



a 
tt 
u 
a 
tt 



ti 
u 
tt 
tt 
tt 
tt 



These long hours did not occur in isolated cases, 
cannery on a certain day 

40 women worked 15 hours 
61 " « 15V2 " 

27 " " 16 ^ " 



In one 



Report of Commission. 



155 



The actual hours worked by individual women, day after day 
and week after week, in the height of the rush season, disprove 
the assertion of the canners that a day or a week of extraordinary 
length is rare. 

Miss J. H. worked: 

Monday 15 hours. 

Tuesday 20 " 

Wednesday 21 " 

Thursday 19 " 

Friday 211/2 " 

Saturday 21 

Total 1171/2 " 






For this work the woman was paid at the rate of ten cents an 
hour. A photograph of this woman and of her time sheet will be 
found in Appendix V of the report 

The following list shows the number of hours that Mrs. D. 
worked in one week : 

1912. 



July 



7. Sunday 16 hours. 

8. Monday 16% 

9. Tuesday 19i4 

10. Wednesday 19% 

11. Thursday 16 

12. Friday 151/2 

13. Saturday 17 



Total 1193^ " 



In Appendix V to this report will be found a photograph of 
the pay envelope of another woman in the same cannery who 
worked 115 hours in the same week, for which she received 
$11.50 or 10 cents an hour. This woman also worked 66 hours 
the following week. 



I 



! 



^ 



1 



I 



^^^ Eepokt of Commission. 

In another cannery during five successive weeks one woman 
taken at random from the payroll was employed as follows : 

^8* ^^^^ 64 hours 

2nd " i^/^ « 

3rd " ,... 85 

^^^ " y.y.'.y. s^y^ - 

^^ " 60y2 " 

Another woman at the same plant: 

Is* ^ee^ 511/2 hours 

2nd " ^^ u 

^^^ " 881/2 " 

4th " 851/2 " 



The following cases show the extreme overtime for successive 
weeks in different canning factories : 

Case A. 

^«t w^e^ 88 hours 

^^^ " 94i " 

3rd " 62i « 

Case B. 

1«* ^e* 62 hours 

2nd " 824 " 

3rd " 8H " 

Case C. 

^«* ^^^^^ 74 hours 

2nd ^^^^ 74^ . 

3^d " 105 u 

4th " ei u 



In case after case testimony was given by the canners them- 
selves before the Commission, that women work 100, 110, and 
115 hours a week. 



Kepoet of Commission. 



157 



What do these hours of labor mean to the women who perform 
them 'i The following passages f roi^ diaries of investigators who 
worked in the factories give the answer: 

— complained that 



"At nine o'clock last night, Nellie 

she ^ got tired sitting as well as standing.' " 
" Another worker at our table is Miss R — 



-, a beautifully 



built young woman of twenty-four. This morning at 8 she 
complained of 'aching everywhere' she was so tired." 

"I worked till 11:45 last night with the rest. To-day the 
heat was intense. Scalding liquids from the par-boiling is 
poured out at one end of the factory about 12 feet from the 
sorting tables. This condition added to fatigue, made awful 
inroads on the workers. Big strong young men sat down with 
heads in hands, waiting for the next job." 

" Mrs. T said yesterday, * This sleepy feeling is more 

like pain than anything else.'" 

"Mrs. McG said that in 1910 after a spell of night 

work for several nights till midnight, the women were so 
exhausted they couldn't do anything more one night, and a 
whole batch of peas had to be thrown out." 

"Coming home at 9:30 Friday night Mrs. B com- 
plained that her knees were shaky and she felt as if she 
would fall together any moment. Her eyes ached and were 
red from the strain." 

" * I'm all in. I don't know what I'll do if they work us 

like this for another week.' Irma B , aged about 20, 

made this statement twice to-day." 

" Many of the women complained of feeling very tired and 
sleepy this morning after the long hours last night. Emma 
C said she had been unable to sleep." 

" My place was under an electric light and a portly matron 
next to me said: 'Your eyes are better than mine, so you 
might change places.' I did this. She complained of being 
tired and sleepy, and a younger woman next to her said she 
was * all in.' " 

It should be noted that investigators who made these reports 
in no case worked in factories where women worked over 80 hours 
a week. Of the fatigue of women who worked 90 or 100 hours 
per week, we have no description. 






I 4 



BiBBBl 






I 

I 



I IT 



h' ; 



^^8 Repobt of Commission. 

House Work 

N'or are the women through with work when they leave the 
cannery. Many are housekeepers and have cooking, sweeping, 
bed-making, sewing, and washing to do, and often children to 
take care of before and after hours in the factories. Of 941 
women, 671 or 71% did housework before or after their factory 
work. These cares must be added to the wear of factory life in 
measuring the strain under which these women live. 

Moreover when the factory hours are long, the housework often 
suffers. 

"Mrs. McGr said to one 'working investigator:' 'If 

we have a free Sunday, I'm going to cook and eat all day 
long. I'm so starved for something cooked.' " 



Another report is : 



" Mrs. 



told me she was so tired and exhausted from 



lack of sleep she had to go home and go to bed. She com- 
mented on the lack of hot food for herself and daughter since 
work began. She thought this lack added to her fatigued 
condition." 

Although women work extreme hours at certain times during 
the season these periods of rush alternate with periods of slack- 
ened work during which the hours are few or the factory is closed 
altogether. 

Average Hours no Measure of Fatigue 

The plea of the canners is that if the average number of hours 
per day worked in their factories during the canning season be 
taken, it is found to be less than the hours of labor fixed by 
law. They contend that the average number of hours between 
June 15 th and October 15 th, even of women who work the long- 
est, generally falls below 10 hours per day. They have on this 
ground repeatedly sought an exemption from the labor law to 
allow them to employ women on an average of 10 hours a day 
during the season of four months. Such a concession, however, 
would make the provisions of the labor law utterly worthless, for 
by this device a factory packing only peas or com and operating 
but a few weeks could legally work women 24 hours a day if 



Report of Commission. 



159 



it were physically possible, and still the average number of hours 
from June 15th to October 15th would fall far below 10 per day. 
Average hours cannot measure the strain on the worker. Few 
people believe that women can work to the limit of their endur- 
ance during successive days or weeks and then readily and fully 
recover from such fatigue by working short hours on the follow- 
ing weeks. 

The Necessity of Overtime Work 

Observations made by investigators when employed as factory 
workers, and their conversations with many canners and official 
inspectors show that most canners have made but feeble attempts 
to prevent overtime work. They say repeatedly, " The Lord 
ripens the crops and the situation is beyond men's control." In 
this connection it may be noted that the men who have been the 
worst exploiters of women are those who have represented the 
industry most frequently at Albany in its fight against regula- 
tion of hours of women's labor in the factories. 

The canners' plea that the hours of women in their industry 
should not be restricted is based on the fact that they are handling 
perishable products. But several canners were found to have 
worked women 13 and 14 hours a day on labeling cans, after 
the regular canning season was over. If the canners had really 
tried to restrict hours, there would have been no overtime on 
labeling, for in that case no perishable products were at stake. 

Many canners have made no effort to distribute the hours of 
labor with any degree of equality among women in their employ. 
On the same day some women were found working in the same 
cannery 5 hours and others 16 hours. In answer to this criti- 
cism they say: "Some work requires particular skill and the 
workers cannot be shifted promiscuously from one task to an- 
other." This is more or less true, but neither the Commission's 
workers in the different factories nor our official investigators 
reported a single instance where an effort was made to prevent 
overtime by distributing work among workers who were actually 
employed on the same work in the same factory each day. Until 
the canners make such an attempt they cannot reasonably main- 
tain that they have done all in their power to prevent overtime 
work. 



160 



Repobt of Commission. 



ifc 



N It 



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• 



; 



N"ot all canners have been indifferent to the restricting of hours 
of women's labor, nor unwilling to consider a plan for reducing 
them, although such a course would mean an increase in their 
payrolls. Certain canners have at considerable trouble and 
expense, according to their statements, limited the working hours 
of women in their factories in spite of the fact that their com- 
petitors refused to do so. There are a few — very few — men 
who have had enough respect for the law, even though they were 
not altogether in sympathy with its provisions, to make an 
attempt to comply with it. 

The ultimate cause of overtime work in the canneries is that 
an attempt is made to handle a varying supply of raw material 
with a fixed plant and labor force ; and that during rush periods 
the capacity of the plant and labor force is exceeded. Overtime 
work necessarily results. 

A solution of the overtime problem can be achieved either 
by adjusting the supply of raw material so as not to exceed, 
under any condition, or at any time, the capacity of the plant 
and labor force working within legal hours; or by increasing 
the capacity of the plant and labor force so that, under all con- 
ditions and at all times, they may be able to handle the product 
without overtime work. A combination of the two methods is of 
course possible. 

Regulation of Planting and Harvesting 

There is great disagreement as to the progress that can be 
made in the way of preventing " glut " periods by the regula- 
tion of planting and harvesting. Almost every pea canner can 
cite instances where peas planted days, or even a week or two 
weeks apart, have all matured on the same day. In some cases 
peas planted a week after others have matured first. 

Rain or drought, hot or cold temperature, conditions of the 
soil and the situation of the land all tend to make the period 
from planting to maturity somewhat imcertain. There are con- 
ditions, too, which make the canners' control of planting difficult. 
Often several days of rain so delay planting that the canner, to 
make up for lost time, is tempted to plant a larger acreage per 
day than he might otherwise have done. Much of the acreage is 



Report of Commission. 



161 



grown under contract with farmers. The products which the 
farmers raise for canners are often but a small item of their 
total crop and they are unwilling to put aside other business to 
follow the exact orders of canners. 

It seems to be true that no canner can plant with such scien- 
tific accuracy as absolutely to prevent " gluts." There is always 
the unknown quantity, weather conditions. As one old factory 
employee said to an investigator who worked in the factory, 
" You can't change the course of nature." This does not excuse 
the canners, however, as some of them seem to think it does, from 
making every effort so to control planting as to prevent these 
rush periods as far as possible. Most of them hire " road men " 
to look after planting and harvesting peas, but few hire them 
for any other crop. Often these men are quite unfitted for their 
work. 

The control of planting calls for a scientific agriculturist who 
has capacity to grasp the factory problem of keeping the work 
withm fixed hours. Until canners employ such men and set to 
work carefully to prevent gluts by regulating planting and har- 
vestmg, instead of making half-hearted efforts in that direction, 
the extent to which gluts can be minimized will not be known. 

Cold Storage 

The second possibility of adjusting the supply of raw material 
to the capacity of the plant is to hold goods after harvesting. 
Peas may be held unshelled twelve to fourteen hours under favor- 
able conditions, without serious deterioration. Many canners 
hold them overnight, to be able to start the factory the first thing 
in the morning. No successful artificial means have been used 
as yet in New York State for preventing the rapid spoiling of 
peas after they are cut. In Wisconsin, however, the Federal 
Government investigator found in use large tanks of running 
water in which shelled peas were immersed and held over night* 

It is possible that such devices will come into use in New 
York and help to eliminate overtime work on peas. It is, how- 
ever, Wisconsin, not New York, canners wh o have been Jxperi- 

dlti^n^tn^t^i^^clU^HnXs^t^yr^^^^^ "^to industrial con- 

n 



f. 



f. 



;, 



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N 



162 



Report of Commission. 



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menting with these devicses. Wisconsin's fifty-five-hour law for 
women applies to the canneries and has been enforced. 

Replacement of Women by Men 

Workers employed on the earlier processes finish their work 
at night and go home before the others. Those on the " capping 
line/* the can dropper, those who put on caps, the inspector 
and the syrup maker are among the last to leave, and women 
are often used for these tasks. The time books in many factories 
show that half a dozen or more women work half or three-quar- 
ters of an hour longer per day than the others. These are the 
women " on the line." Were these women replaced by men, as 
they might be at a small additional expense, the most extreme 
overtime would be eliminated. 

Two large factories, one packing the largest number of differ- 
ent products canned in any New York State cannery, have been 
operated under a rule that women were not to work after 9 p. m. 
This has been strictly enforced, and as work has not started 
before 7 a. m.^ the hours of women have been limited to 12 per 
day and 72 per week. Occasionally products have remained at 
9 p. M. which would spoil if left till morning. In these cases, 
most of the machinery has been shut down and men who have 
worked in the factory during the day have run through the re- 
maining product. These men are paid more than 1% times as 
much as women, so the payroll has been larger than it would 
have been had women been worked overtime. 

One of these factories puts up 22 different products, — more 
than any other cannery in the state. The second plant, which 
never works women after 9 p. m.^ packs 15 different products, 
which are more than are packed in the majority of the canneries. 

Another large factory among the first ten in the state in its 
pack of peas and beans, has endeavored to obey the law limiting 
working hours of women to 12 per day and 60 per week. In 
some cases it has exceeded those hours, but during the past two 
seasons has never worked a woman over 13 hours in a day and 
67 hours in a week. This factory also has sent the women home 
when their hours were up, and, shutting down most of the ma- 
chinery, has run through what product remained by using the 
men who work regularly in the factory. 



Repoet op Commission. 



163 



Adjustment of Acreage to Capacity 

One factory which, until recently, had worked overtime but 
not extreme hours, and had paid good profits, secured this year 
a new manager who, saying the factory was not operated up to 
its capacity, increased the acreage. This year the women in the 
factory worked much longer hours than they worked in 1910 and 
1911. The manager boasts that next year he will again increase 
the pea acreage by 100 acres. 

Evidently extreme overtime work is due not so much to the 
character of the industry as to the policy followed in the manage- 
ment of the business. The superintendent of one cannery which 
works women extreme hours thus described this policy to an 
investigator : 

" The way to make money in the canning business is to 
carry a little larger acreage than you can handle comfortably, 
so that you can run pretty steadily throughout the season and 
your plant won't be idle in slack periods." 

How may overtime be eliminated? A canner's reply is here 
quoted : 

" In my opinion," said the superintendent of a large can- 
ning company, " the only way that the State can govern can- 
ning evils is to make the factories adhere to the rule of 
supply and capacity. Many factories contract for an acreage 
which the capacity of the factory could not turn out, making 
extra work and harrowing conditions for their employees 
inevitable. This is the root of the evil, to my mind." 

Every vegetable canner contracts in the spring to purchase the 
product of a certain acreage. He cannot tell at that time 
whether a full crop will be returned ; therefore he cannot figure 
on the size of the crop. He knows, however, from experience 
about how many cases each acre will yield when a full crop is 
returned. He knows exactly how many cases of each crop his 
factory is capable of canning in any given number of hours. 
Certain canners contract year after year for an acreage which 
they must know from repeated experience foredooms their em- 
ployees to work overtime and, if the crop is a good one, extreme 
overtime. '' The Lord npens the crop " truly, but every canner 










I 









164 



Report of Commission. 



determines, to a certain extent, how much of a crop the Lord is 
to ripen for him. The relation between the acreage contracted 
for and the capacity of the plant, more than any other thing, 
determines how much overtime will have to be worked. 

Some canners, when asked on what basis they determined the 
size of the acreage they would carry, frankly testified that they 
contracted for all the acreage they could get the farmers to grow. 
Canners usually sell from 50 to 100 per cent, of their goods the 
winter before they are packed.* Some testified that they sold all 
the goods they could, and then contracted for an acreage to meet 
the sales. 

Reasonable Hours in Some Factories 

The time records of canning factories show that the situation 
is not beyond the canners' control. A few factories have kept 
reasonable hours although others packing the same products have 
worked extremely long hours. 

Factories which keep more reasonable hours have done so year 
after year, and on the other hand those which require extreme 
hours persist in that habitual practice. 

Two companies operated 6 of the 13 factories which worked 
women over 18 hours on their longest day, and 5 of the 12 fac- 
tories which worked women over 90 hours in their longest week. 
One of these companies, which operated factories from one end 
of the cannery region to the other, worked women extreme hours 
in all of them, regardless of local conditions. 

Wages and Restriction of Hours 

Canners stated that one cause of overtime work was the diffi- 
culty they experienced in getting sufficient help. In spite of this 
difficulty the wages of both men and women in the industry are 
very low. One factory pays women as little as seven cents an 
hour. The supply of labor depends upon the wages paid. In 
cannery towns as elsewhere a high wage attracts many workers, 
a low wage attracts few. The wages of women in the canning 
industry is lower than in other industries in which large num- 

• There is usually a clause in the contract which makes It unnecessary for 
the canner to deliver in full if short crops prevent the packing of the amount 
of goods expected. 



Report of Commission. 



165 



hers of women are employed. Until women are paid more than 
seven or ten cents an hour for seasonable and intermittent work 
no canner can claim to have exhausted his labor supply. 

The wages of men average $1.77 for a ten-hour day, but the 
wages of women average less than a dollar for the same time. 
The average pay per day for the canning season amounts, how- 
ever, to much less, because of irregularity of work. This is true, 
in spite of the long hours of labor in some weeks. 

At many tasks women are paid for the amount of work they 
turn out. Snipping beans, husking com, peeling tomatoes, pears, 
peaches and beets, hulling strawberries, quartering and coring 
apples, stemming cherries, and labelling cans, are sometimes paid 
for by the piece. The rates vary from factory to factory, just 
as wages by the hour. 

The average weekly earnings of cannery women are $4.53. 
No woman could maintain a decent standard of living, even were 
she able to have steady work the year round on such a wage. 
Room and board may be secured in the cannery towns for $3 to 
$6 a week. One of the " working investigators " secured them 
at $3 and reported that the food was so scant and poorly pre- 
pared that she could hardly live on it But even if room and 
board are secured for that amount, it is obvious that there is little 
left for clothing, to say nothing of other necessary expenses. 
Clearly the industry may be considered parasitic in the sense that 
a woman working in it cannot make a living wage, but must find 
other means of support. True, many of the workers have fathers, 
husbands, and brothers able to help them, but the unmarried girl 
trying to make a living out of this work finds it hard. This fact 
does not pass unnoticed. The report follows of a young woman 
investigator who worked in the factories: 

" There are several very ' fresh ' bosses at the factory and 
the youth who keeps time and has charge of the sorting 
tables has a good deal of influence over the girls he puts at 
the tables. The situation is much like that in a department 
store where the floor-walker has a lot of girls under him 
receiving low wages and all more or less at his mercy. Only 
up here night work makes the situation even more 
dangerous." 



i 



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166 



Report of Commission. 



Report op Commission. 






I 






A few days later she reported again: 

"I find that the time-keeper who was objectionable to me 
the other day has been insulting several girls. He said to 
me, *You can't make enough to pay you, but I will give 
you a chance to make 2 or 3 dollars on the siSe any time. 
If you come up here to work at night, we can go for a stroll.' 
I feel that this ought to be repeated to you by me to show 
what the effect of an 8-cent wage is in the canning industry." 

The time-keeper of this factory was the superintendent's 
cousin, using the low wage as an inducement to immorality. 

Nor is this the only effect of the low wage. We have seen 
that in some cases children are routed out of bed at 4 a. m. and 
forced to work until late at night, not by the canners, but by 
their parents. The canners supply the materials to work on, 
the parents do the driving. Clearly this is not alone due to the 
hard-heartedness of the parent. It is the necessary and logical 
outcome of a wage of $4.53 a week for women workers, and a 
correspondingly low wage for men. Yet certain canners argue 
that children should be allowed to work because of the poverty 
of the parents. 

The willingness of the women to work long hours is also the 
logical outcome of so low a wage. One woman in 90 hours' work 
was able to make only $6.75. A canner argues against restrictr 
ing women's hours by saying, " The longer the day the better, 
because then the more money can be made."* Of course the 
women want to work long hours. They must do so to make 
anywhere near a living wage. 

That is not saying, however, that a restriction of hours will 
lower their wages. One " working investigator " reported : 

"I believe that were the 64-hour law enforced here the 
wage would have to be increased from 8 cents because the 
girls would leave rather than work for 72 cents in a 9-hour 
day. I have talked with many girls about the new 54-hour 
law and they all say, ' Believe me, if I've got to work here 
for 72 cents a day I ain't staying long.' " 

Were the hours restricted, the canners, to keep their help, 
would have to raise the wages. 



1 



167 



The "working investigator" also makes the following inter- 
esting report: 

"All the Italian girls are sore at the low wage, but are 
afraid to quit on account of the Poles and the Americans. 
They would like to strike but say that these would take their 
places. The Syrians and the Poles are willing to accept the 
8-cent wage. The Americans say it is too low and grumble, 
but would stick by the American employer rather than join 
the * Eyetalians ' in a strike." 

Summary of Findings 

The following is a summary of the Commission's findings on 
the conditions of women's work in the canneries of the state : 

/. Nature of Work 

1. That work in canneries is not easy out-of-door work akin 
to agricultural labor, but is distinctly factory work. 

2. That most of the occupations for which women are em- 
ployed subject them to the same hardships as those found in 
other factories. 

3. That much of the work is done at high speed paced by 
machines, or speeded by piece work at low wages. 

4. That the constant noise of machinery close to the women 
workers entails nervous strain. 

5. That many women stand at their work all day long. 

6. That a number of occupations involve eye strain. 

7. That many women are compelled to stand on wet floors 
all day, and in some cases are wet to the skin. Shed workers are 
exposed to rain and cold. 

8. That women suffer in health from long and irregular hours, 
from the loss of proper rest at night and on Simday, and from 
irregular meal hours. 

9. That the harmful effects of excessive work in long con- 
tinued rush periods cannot be counter-balanced by rest in slack 
seasons. 



• See letter 
• Director.' " 



to 



New York Sun, Dec. S, 1912, by a canning factory 



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168 



Report of Commission. 



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u 



II. Hours of Labor 

1. That women are constantly employed for excessively long 
hours. 

2. That overtime work is not occasional but is often continu- 
ous for manv successive weeks. 

3. That the season in which overtime occurs is not short but 
often lasts for five months. 

4. That women work frequently 15 and 16 hours a day, and 
that it is not uncommon for them to work 70 hours a week con- 
tinuously for many weeks. One woman worked 119 3-4 in a 
week in 1912. 

5. The days of rest do not as a rule follow days of excessive 
labor. 

6. That many canners have made no intelligent effort to pre- 
vent women from working overtime by equalizing daily working 
hours for each employee, since one woman may be employed 
Ions: hours on consecutive davs while other women in the same 
plant work short hours or not at all. 

7. That although women are rarely compelled to work over- 
time, their conpensation is, as a rule, so low that there is every 
incentive to work long hours. 

8. That long hours of labor are often not related to the alleged 
perishable nature of the crops, since such work as the labeling 
of cans is done at night. 

Ill, Labor Supply 

That the canners' labor supply is not so limited as to neces- 
sitate excessive hours of labor for the available workers. 

IV. Canners* Failure to Prevent Oversupply of Raw Materials 

1. That few canners systematically attempt to regulate the 
planting and harv^esting of the crops and the time of their delivery 
at the cannery. 

2. That the canners have not sufficiently encouraged the 
growth of different varieties of crops, nor controlled closely 
enough different times of planting in order to lengthen the 
season. 



Repoet of Commission. 



169 



' 



3. That products are often not properly cared for at the can- 
neries so that they may be held, if necessary, for short periods 
before canning. 

4. That output is often not adjusted to capacity of plant^ based 
on its present labor supply, and that overproduction is therefore 
chiefly responsible for excessive overtime work. 

Laws in Other States 

In Illinois the hours of labor of women in the canneries are 
limited to ten hours a day ; in Tennessee, to 60 hours a week ; in 
Pennsylvania, to 12 hours a day or 60 a week, and in Wisconsin, 
to 10 hours a day and not more than 55 hours a week. In Michi- 
gan and in California, two of the leading cannery states, in which 
no restrictions as to hours exist, the movement to limit the hours 
of labor of women in canneries has become widespread and the 
industry in this respect will in all probability be regulated very 
shortly by the legislatures of those states. 

Summary 

Up to 1911 the law limiting the hours of labor of women in 
factories to 60 hours a week applied to canneries, but was never 
obeyed. Practically no attempt was made to enforce it and when- 
ever, at rare intervals, such an attempt was made it was success- 
fully opposed or evaded. 

In 1912 the Legislature, convinced of the necessity of more 
adequate protection for women working in factories, passed the 
64-hour law. This law prohibited the employment of women in 
factories for more than nine hours in any one day or 54 hours in 
any one week. At the same time, however, the canneries of the 
state were exempted from the operation of the provisions of the 
law relating to the hours of labor of women during the canning 
season between the fifteenth day of June and the fifteenth day of 
October in every year. The canning industry thus became legally 
what it had been for many years past illegally, an entirely un- 
regulated industry. 

The fifty-four hour law went into effect on the first of October, 
1912, so that the 7,000 women working in the canning factories 
of the state have no protection during the next canning season so 



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far as the length of their working day is concerned. There is no 
limitation, except that which is imposed by nature itself, on the 
number of hours that a woman may be employed in any one day 
or in any one week. 

The investigation that we have made has convinced us that the 
plea of the canners that this wide open exemption is necessary 
because of the peculiar conditions in their industry, is entirely 
without foundation. We believe, moreover, that thi6 exemption 
is a most improper one, is directly opposed to the best interests 
of the state, and has been granted because of a misapprehension 
of the true conditions which exist in the canning industry. 

Work by women in canneries is distinctly factory work. The 
physical and nervous strain on the workers is just as great in a 
cannery as it is in any other factory. 

The canning industry is a seasonable industry. During certain 
times of the year the goods handled are extremely perishable. 
Crops must be harvested, vegetables prepared and canned without 
delay. The industry is subject to rush and slack periods — 
periods when the hours are many and periods when the hours are 
few — alternating through the season. These conditions distin- 
guish the canning industry from practically every other. 

The conditions in the canning industry are not such as require 
the labor of women for 110, 115 and 119 hours a week. No words 
of ours can express too strongly our condemnation of the inhuman 
greed and avarice that permit women to be thus exploited. 

We do not believe, however, that the 54-hour law should apply 
to the canneries during the canning season. That would be un- 
fair and unreasonable to the industry and to the workers to which 
it gives employment. A wide-open exemption during this period 
is even more unfair and unreasonable. We do not claim that in 
the present state of our knowledge, overtime can be entirely 
eliminated in this industry, but we are certain that a proper and 
careful attention to the regulation of the planting and harvesting 
of crops, to the distribution of labor within the factory, to the 
possibilities of cold storage, to the obtaining of an increased labor 
supply by offering to the workers a living wage, and to the adjust- 
ment of acreage to the capacity of the plant, would reduce over- 
time in this industry to a minimum, and would do away entirely 



Bepobt of Commission. 



171 



i 



with the excessively long hours of labor of women for which the 
canners of this state deserve the censure and criticism to which 
they have been subjected. 

The state cannot regard with indifference any system per- 
mitting women to work excessively long hours of labor. Even if 
this extreme overtime lasts only a few weeks, we believe it to be 
injurious to the health of women engaged therein. The estimate 
of the average number of hours worked per day by a woman does 
not constitute a fair test of reasonableness for this exemption of 
the canning industry from the factory law. 

Few people will claim that a woman can recover from the 
fatigue of working fifteen hours a day for several weeks in suc- 
cession by thereafter working only five hours a day. Average 
hours do not measure the strain on the worker. We recommend 
therefore that during the canning season, between the 15th day 
of June and the 15th day of October, the hours of labor of women 
should be limited to 10 hours a day and 60 hours a week. During 
the pea crop season, which extends from the 25th of June to the 
5th of August, when the perishability of the product handled is 
extreme and the rush of work is very great, the Industrial Board 
on application of any canner may permit women in his establish- 
ment to work for not more than 12 hours in any one day and 66 
hours in any one week if in the opinion of the Industrial Board 
such increased number of hours may be allowed without endan- 
gering the health of the women workers. This same principle 
has been adopted in England. There the Home Office has granted 
the canners the exemption allowed by law, but has accompanied 
the grant with special requirements which make it necessary for 
the canner, if he is to enjoy the right to work women longer hours 
than they are worked in other factories, to maintain unusually 
good sanitary conditions in his factory. 

We believe that these limitations on the hours of labor of women 
in the canning industry are entirely fair to the industry and are 
calculated to protect the health and safety of the women employed 
therein. 

This restriction on the hours of labor of women will stimulate 
the canners to more scientific management so that the necessity 
for overtime may be largely eliminated. Increased efficiency has 



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172 



Report of Commission. 



always and everywhere resulted from improved labor conditions. 
Probably few industries reward good management and penalize 
bad management more than the canning industry. It needs care- 
ful estimating in advance of the season and a cool head under 
trying conditions when the rush periods occur. 

It has been urged that if the hours of labor were reduced the 
women employed in the canneries would be deprived of a liveli- 
hood. But we do not believe this to be so. No woman works 10, 
12, 15, or 20 hours a day for pleasure. She does it for money. 
The lower the wages the greater is the incentive to long hours of 
labor. The very low wages paid in the canning industry largely 
explain the desire of the women to work long hours. It has been 
the experience all over the world that low wages and long hours go 
together hand in hand; that the lowest paid industries are the 
industries in which the longest hours of labor prevail. A reduc- 
tion in the hours of labor in this industry will soon result in a 
compensating increase in the wages of the women workers, which 
we believe the industry can well afford. 

The interests of the state demand that extreme overtime by 
women be prohibited and that women workers be surrounded with 
every protection and safeguard to enable them to perpetuate a 
race of strong, sturdy citizens. There are no words that express 
the necessity for such protection more clearly and forcibly than 
those used by Mr. Justice Brewer of the United States Supreme 
Court in the case of Muller v. Oregon, reported in 208 U. S., 412 : 

" * * * her physical structure and a proper discharge 
of her maternal functions — having in view not merely her 
own health, but the well-being of the race — justify legisla- 
tion to protect her from the greed as well as the passion of 
man. The limitations which this statute places upon her 
contractual powers, upon her right to agree with her employer 
as to the time she shall labor, are not imposed solely for 
her benefit, but also largely for the benefit of all. Many 
words cannot make this plainer. The two sexes differ in 
structure of body, in the functions to be performed by each, 
in the amount of physical strength, in the capacity for long- 
continued labor, particularly when done standing, the influ- 
ence of vigorous health upon the future well-being of the 
race, the self-reliance which enables one to assert full rights, 
and in the capacity to maintain the struggle for subsistence." 



Repokt of Commission. 



173 



Furthermore, in January, 1913, in the case of People v. Kane 
(New York Law Journal, January 30, 1913), Mr. Justice Black- 
mar, sitting at Special Term of the Supreme Court in the Second 
Judicial District, in sustaining the constitutionality of the 54- 
hour law for women in factories, passed at the last session of the 
Legislature, said : 

"An act of the Legislature in the interest of the health, 
morals or safety of the community operates within the field 
of the surrendered rights and does not abridge civil liberty. 
* * * The development of the industrial life of the 
nation, the pressure of women and children entering the 
industrial field in competition with men physically better 
qualified for the struggle, has compelled them to submit to 
conditions and terms of service which it cannot be presumed 
they would freely choose. Their liberty to contract to sell 
their labor may be but another name for involuntary service 
created by existing industrial conditions. A law which 
restrains the liberty to contract may tend to emancipate them 
by enabling them to act as they choose and not as competi- 
tive conditions compel. All these considerations are for the 
Legislature, and for the Legislature alone." 

Recommendations 

We therefore recommend that the following provision be 
adopted exempting the canneries from the operation of the fifty- 
four hour law for women (Subdivision 3 of § 77) : 

S, A female eighteen years of age and upwards may, not- 
withstanding the provisions of subdivision three of section 
seventy-seven of this chapter, be employed in canning or 
preserving perishable products in fruit and canning establish- 
ments between the fifteenth day of June and the fifteenth 
day of October in each year not more than six days or sixty 
hours in any one week nor more than ten hours in any one 
day; and the industrial board shall have power to adopt rules 
and regulations permitting the employment of women eigh- 
teen years of age and upwards on such work in such estab- 
lishments between the twenty-fifth day of June and the fifth 
day of August in each year not more than six days or sixty- 
six hours in any one week or more than twelve hours in any 



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Repobt of Commission. 



one day, if said hoard shall find that such employment it 
required hy the needs of such indu^stry and can he permitted 
without serious injury to the health of women so employed.* 

This act is to apply to all parts of the canning establishments, 
including the canning sheds. 

Special Inspection of Canneeies 

We have no fear that the measures we recommend for the 
hours of labor of women in the canneries will be impossible of 
enforcement. We believe that our recommendations are fair 
to the industry and that if enacted into law will be observed. 
We do not believe that since conditions have been fully disclosed, 
any local court or jury will lightly disregard the laws the legis- 
lature will enact. Public sentiment all over the state will de- 
mand that such laws be enforced promptly and effectively. 

To secure such enforcement we recommend that during the 
canning season a special squad of inspectors be organized in the 
Department of Labor, to investigate conditions in the canneries, 
with special regard to the employment of women and children 
and to their hours of labor. 

A few prosecutions promptly instituted and vigorously pushed 
to a successful termination will quickly dispel from the minds of 
the recalcitrant few the idea that laws regulating the employ- 
ment of women and children in canneries are " dead letters " 
and need not be obeyed. 

• The present system of inspecting a cannery once a year can 
hardly be productive of results. One of our investigators visited 
a canning factory that had been in operation for six years and 
had never been officially inspected. Another small cannery was 
inspected which had operated for ten years without a visit from 
the factory inspector. 

It is small wonder that under these circumstances the labor 
law should have been so lightly regarded in the cannery regions. 

Sanitaey Conditions 

To the credit of the canning industry of this state it must 
be said that sanitary conditions in the canning processes are usu- 

• Bill 10. Appendix I. 



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Report of Commission. 



175 



ally excellent. Most canners take every reasonable precaution 
to guard their products from contamination. The pure food 
law provisions against the use of artificial preservatives make it 
impossible to can products that have begun to decay. 

Two conditions however that affect the workers in several 
canneries should be noted, namely, inadequate washing facilities 
and uncleanliness of water closet accommodations. There can be 
no excuse of such conditions in any cannery and they should be 
promptly corrected. 

Housing Conditions 

When foreigners are brought from different cities to be 
employed in rural canning factories, housing facilities are pro- 
vided for them by the canners. Usually no rent is charged for 
these living quarters, though sometimes a very nominal sum 
is paid by the workers. 

The types of buildings found in use were tenement-buildings 
in which three or more families keep house independently, 
barracks-buildings in which three or more families live with a 
common cooking place, and shacks, separate houses in which not 
more than two families are housed. 

These tenements, barracks and shacks are often overcrowded, 
no provision is made for the separation of the sexes, there is no 
proper privacy and they are kept in a decidedly unsanitary 
condition. 

At present the labor department has no jurisdiction over con- 
ditions in these labor camps and the local health department pays 
little if any attention to them. We recommend that the labor 
department be given jurisdiction over the conditions in labor 
camps attached to factories in the state, including those main- 
tained in connection with canneries, and that certain minimum 
requirements as to sanitary conditions in such camps, and the 
healtlifulness of their surroundings be incorporated in the labor 
law or the Industrial Code.* 



• Bill No. 11, Appendix I. 



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176 Report of Commission. 



V. 



CHILD LABOK 

Two of tlie greatest evils of child labor in this state, namely, 
the employment of yoimg children in cannery sheds and in tene- 
ment houses, have already been discussed under Manufacturing 
in Tenements and The Canneries. This section of the report, 
therefore, will be confined to the subject of the employment and 
necessary protection of children in factories. 

In this matter the state has a vital concern, for there are now 
employed in its factories nearly 14,000 children between the 
ages of fourteen and sixteen years. There can be no question 
that these children should be so guarded and protected by the 
state that they may grow up into strong and efficient men and 
women. 

Under the present law no child imder fourteen years of age 
is permitted to work in a factory; and no child between four- 
teen and sixteen years is permitted to be employed in a factory 
unless an employment certificate is obtained and filed in the 
office of the employer at the place of the employment of the child. 
This certificate is granted if the child satisfies the requirements 
as to age, physical condition, and education. 

The Physical Requirements 

Before 1912 that portion of the law requiring a physical 
examination of the child before a working certificate was issued, 
provided for such examination only in doubtful cases. As a 
result the Commission found many sickly children working in 
the factories of the state. 

The commission therefore recommended that the law should 
be so amended that the physical fitness of every child applying 
for an employment certificate must be determined by a medical 
officer of the local department or board of health. That physician 
was to make a thorough physical examination of the child, to 
record the result of this examination on a blank to be furnished 
for the purpose by the Commissioner of Labor, and there to set 
forth such facts concerning the physical condition and history 






Report of Commission. 



177 



of the child as the Commissioner of Labor might require. The 
local health department or officer was also required to transmit to 
the state department of labor a duplicate record of the physicial 
examination of all those children to whom employment certifi- 
cates were issued. 

This law became effective on October 1st, 1912. Health officers 
throughout the state are of the opinion that much good will be 
accomplished by it. The percentage of rejections for physical 
unfitness has already increased largely since the law became 
operative. No longer will weak, puny, and sickly children be 
permitted to engage in work that over-taxes their strength and 
so weakens them as to render them easy victims to the many 
diseases that find their prey among factory workers. The proper 
enforcement of this law by excluding from factory work all 
young children whose family history shows a predisposition to 
tuberculosis, should also play an effective part in the war that 
is now being waged for the eradication of that disease. 

Although much has been accomplished by the foregoing amend- 
ment, it is the opinion of the Commission that the requirement 
for the physical examination of children should be still further 
strengthened in these two particulars. 

1. It should be made to apply to mercantile establishments 
as well as to factories. 

2. The local health department or offilcer should be required 
to transmit to the Department of Labor duplicate records of the 
physical examinations of children whose applications for working 
certificates are denied because of physical unfitness. This record 
would be of great value for statistical purposes and should result 
in directing attention to physical ailments of children seeking 
to work in factories and stores.* 



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The Educational Requirement 

Testimony has been presented showing the meagerness of the 
educational requirements of our present law. The statutes pro- 
vide that a child under sixteen years of age who desires to leave 
school to work must be able to read and write simple sentences 

• Bill 13, Appendix I. 

12 



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Report of Commission. 






in the English language, must have received instruction in read- 
ing, spelling, writing, English grammar, and geography, and 
must be familiar with the fundamental operations of arithmetic 
up to and including fractions. 

According to statements made to the Commission this pro- 
vision is variously construed throughout the state because of the 
lack of any definite standard in matters of school grading. It 
is left to each local school authority to determine at just what 
point in the school curriculum a child has fulfilled the require- 
ments of the law. 

In view of this condition it has been urged that great good 
would come from the establishment of a uniform and state wide 
standard. This practice has been adopted in Ohio, Wisconsin, 
Minnesota, and other states, and has been found very satisfactory. 
The standard proposed for this state is the completion of the 
work of the first six years of the public elementary school or 
school equivalent thereto, or of the parochial school. Children 
who begin school at seven years of age and are promoted at the 
normal rate, complete the sixth year of regular school work be- 
tween their twelfth and thirteenth birthdays. Thus, if this 
standard were to be adopted for a fourteen-year-old child, the 
state would be requiring only what is being regularly accom- 
plished by thousands of children two years under that age. Sev- 
eral cities in our state already interpret the law as requiring this 
standard. 

A further argument in favor of the prolongation of school 
life for children is the reduction in juvenile delinquency which 
this extension may be expected to bring about. The recent 
investigation of the federal government into conditions surround- 
ing wage earners in the United States included a special study 
of the relation between working children and juvenile delin- 
quency. One chapter of this report concludes with the following 
statement : 

" Summing up the results of the discussion to this point, 
it is found that the working children contribute to the ranks 
of delinquency a slightly larger number and a much larger 
proportion than do the non-workers, that this excess appears 
in offenses of every kind, whether trivial or serious, and 



Bepobt of Commission. 



179 









among recidivists even more markedly than among first 
offenders." 

When one realizes that attendance upon our elementary schools 
constitutes all the education that the majority of our wage earners 
receive, the Commission believes that the minimum of six 
years — of the eight years of work which these schools offer — is 
not too high a standard for the state of New York. 

Accordingly, amendments to the labor law and to the com- 
pulsory education law are recommended to accomplish this object. 
It is suggested also that the date when these changes are to be- 
come effective shall be deferred two years to allow school authori- 
ties to make necessary adjustments.* 

SupEBvisioN OF The Issuance of Employment Certificates 

Another administrative feature brought to the Commission's 
attention is the need for supervision in the issuance of employ- 
ment certificates by health officers throughout the state. Under 
the law, children who desire to work must obtain an employment 
certificate from the health officer of the city or town in which 
they reside. The law prescribes the age of the children, and the 
educational and physical qualifications which they must meet to 
receive such a certificate. It is evident that the good the law 
seeks to accomplish through these safeguards may be nullified by 
the carelessness or indifference of the official issuing the certifi- 
cate. In view of the many communities in which these certifi- 
cates are issued it is not surprising that a great difference has 
resulted in the thoroughness of the attention given to this matter. 
In some towns the health of the children who apply has received 
little or no attention; in others improper kinds of proof of the 
children's ages have been accepted; and still in others the test 
as to their educational proficiency has been entirely neglected. 

Furthermore, the announcements of changes made by the leg- 
islature in the law frequently reach health officers by mere chance 
notice of them in the newspapers. Another result of the lack 
of supervision is the great variety of forms in use by different 
officials. Some of these forms are excellent and carefully pre- 
pared; while others are out of date because of changes in the 

• Bills 18 and 14, Appendix I. 



180 



Report of Commission. 



Mh 



law, or fail to satisfy fully the legal requirements. In order 
to protect children in the manner in which the law-makers in- 
tended, the Commission feels that to the Department of Labor, 
the agency most closely connected with working children, should 
be assigned the definite duty of supervising the issuance of 
employment certificates by the local health ofiicers, and at least 
for smaller places the duty of preparing and furnishing the nec- 
essary blanks and forms needed by them in that work. To the 
inspectors of the Department of Labor should also be given the 
right to examine the records of any local health department 
pertaining to the issuance of employment certificates. 

The Physical Examination of Childben in Factories 

The Commission has previously recommended the creation of 
a section of medical inspection in the state department of labor, 
to be composed of four medical inspectors, all duly licensed physi- 
cians. With this machinery it is now possible for the Com- 
mission to make definite recommendations concerning the medical 
supervision of children between 14 and 16 years of age, after 
they have been granted employment certificates and are actually 
engaged in factory work. 

The necessity for this continued supervision of the child after 
it has entered the ranks of industrial workers has been clearly 
emphasized in our preliminary report. It can hardly be said that 
the state has performed its full duty by issuing an employment 
certificate permitting a young child of fourteen to work in a 
factory, if after that it entirely disregards the child's physical 
condition. 

Under the present law, after an employment certificate has 
once been issued, the medical inspector is powerless to act when 
he finds a child who is physically unfit working in a factory. 

Dr. Rogers, the medical inspector of the Department of Labor, 
called attention to the following striking case: 

"I found a boy of fifteen years old in a pottery factory 
who had not recovered from an attack of typhoid fever. He 
was in what should have been the convalescent stage of 
typhoid fever and should have been at home. That boy was 
running slips in the pottery, a very dirty occupation, and 



Report of Commission. 



181 



putting handles on to the cups. The boy was anemic and 
absolutely unfit to continue at work. Yet that boy was legally 
employed and we had no power under the law to order the 
boy to go home." 

The health officer of the city of Buffalo testified before the 
Commission : 

"Our experience shows that a great number of children 
who receive employment certificates between the ages of 14 
and 16 are just about inside the line of being healthy, but 
perhaps a few days or a few weeks of work will place them 
in the subnormal class again so that they should not be per- 
mitted to work. We believe children of that kind should be 
stopped from working." 

The doctor also testified that he examined a number of children 
in factories within a few weeks after they had been granted em- 
ployment certificates, and found that ten per cent, of these chil- 
dren were physically unfit for any kind of factory work. To 
permit these children to continue at work in a factory means the 
undermining of their health and in many cases causes early death. 

Of course, four inspectors with their many other duties could 
not attempt to make a physical examination even once a year of 
every one of the 14,000 children employed in factories. We ^would 
not, therefore, recommend that the physical examination of all 
fluch children be made mandatory. We believe that the desired 
results would be accomplished if the medical inspectors of the 
department were given power to examine any child between four- 
teen and sixteen years employed in a factory, and to cancel the 
working certificate of any child found physically unfit for factory 
work. The medical inspector on entering the factory could use 
his discretion as to what children he thought should be examined. 
The trained eye of a physician can often tell at a glance whether 
or not a child is ill. The appearance of the child, the nature of 
the work in which he was engaged, the sanitary condition of the 
workshop would all be factors in determining what children should 
be examined. In the course of a year there is no doubt but that 
several thousand of these young factory workers would be exam- 



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Report of Commission. 



I 



ined and that a great many of them who were found physically 
unfit would be prevented from continuing at work that overtaxed 
their strength. 

Occupations Dangebous to Health 

Closely related to the physical examination of young children 
in factories is the power of dismissing a child from employment 
deemed dangerous to his health. There are very many cases where 
the child is physically fit for general factory work, but where the 
particular occupation in which he is engaged is dangerous to his 
health. 

Our statute sets forth a number of occupations deemed injurious 
to health in which the employment of children is prohibited. This 
list is inadequate, for it fails to cover many dangerous occupa- 
tions and overlooks the fact that there may be certain processes or 
methods of manufacturing within a given industry not on the pro- 
hibited list which are so injurious to the health of minors as to 
demand their exclusion therefrom. 

New cases are constantly coming up where the medical in- 
spector is powerless to act, because power is not specifically 
granted in the statute. The medical inspector called the follow- 
ing cases to the attention of the Commission in his testimony: 

"I have seen several boys in the glass blowing industry 
legally employed and yet in my opinion and the opinion of 
any good medical man, they had no business to be in that 
place at all. Large quantities of fine glass dust were blowing 
around in the air. Yet these boys were working there legally. 
We could not force the employer to remove that glass dust ; it 
was not created by machinery and we could not force the 
dismissal of the boys because they had working certificates 
and were legally employed." 

"In an incandescent mantle factory children were sitting 
in a frame probably 20 x 30 feet long, lighted with gas flames. 
The frame is probably 6 or 7 feet wide and these children 
were sitting right in the midst of escaping illuminating gas 
which contains large quantities of carbon monoxide gas, a 
most dangerous poison because it destroys the blood cells. 



Bbpokt of Commission. 



183 



The children were legally employed because they had work- 
ing certificates, yet it is an occupation I would very much 
hesitate to put a robust man in to work at." 

In addition to the occupations specifically prohibited in the 
statute, power should be given to the Industrial Board of the 
Department of Labor to specify as dangerous to health particular 
trades, occupations, and processes of manufacture, or particular 
methods of conducting the same, and to prohibit or regulate the 
employment of minors under the age of eighteen in these occupa- 
tions and processes of manufacture. The practical result would be 
that if a medical inspector found a minor under sixteen working 
under imhealthful conditions he could demand either that the im- 
proper conditions be remedied, or the process of manufacturing 
changed. Failing in both attempts, he would report the case to the 
Industrial Board, who, within a very short time, would adopt a 
regulation placing that occupation or process of manufacture on 
the list of prohibited employments. 

In most cases the knowledge that the Industrial Board had this 
power would, on demand, bring about an immediate improvement 
in the unhealthful conditions and the removal of the dangerous 
elements complained of. In any event, it would not be necessary 
to go to the legislature every time a new case of an unhealthful 
occupation was called to the attention of the medical inspector.* 

Danqeeous Machinery 

What is true of prohibited employments deemed injurious to 
the health of minors applies with equal force to the prohibition 
of minors from operating or assisting in operating dangerous 
machinery. 

The law now specifies in detail the machines which a child 
under 16 years shall not be permitted to operate; but when a 
child is found working at a dangerous machine not specified in 
the statute, the Department of Labor is powerless to stop that 
employment The result is that we find many cases of accidents 



I 






• Bill 26, Appendix I. 



184 



Report of Commission. 



Repoet of Commission. 



185 



that occur to children while operating machines not specified in 
the statute. A number of such cases reported to the Department 
of Labor within the past six months follows : 

F. S , male, 15, roller boy, earning $5.70 a week, work- 
ing on French drawing frame. Tried to fix broken end on 
drawing frame and index finger, right hand, was caught in 
the porcupine roller. Flesh on finger torn away by porcupine 
teeth. Will probably have to have finger amputated. 

J. S , male, 14, nail sticker, earning $4 a week, oper- 
ating American Lightning Heeling Machine. A nail flew 
out of loader as nails were released. Injured boy attempted 
to brush it off with his finger. He was caught by descending 
drivers. Bone broken in forefinger of left hand between let 
and 2nd joints. Flesh cut and torn. 

F. K. , male, 15, earning $3.50 a week, operating Bal- 
ing Press. Gearing wheels carefully guarded. Notwith- 
standing, he stooped and placed his hands under the guard 
to the gearing wheels. Lacerated first finger, amputation 
2nd and 3rd finger at first joint, lacerated middle finger. 

E. M , male, 16, earning $5.00 a week, operating 

Filling Machine. Cover on guard over revolving cylinder 
was removed while machine was in motion and the operator 
caught his hands on the pins of the cylinder. Severe lacera- 
tion of two fingers of left hand and of wrist ; one finger was 
partly amputated. 

M. C— — , female, 14, earning $3.00 a week, operating 
Automatic Cutting Machine. Was waiting for work to be 
given her and took up a screw driver and was scraping around 
with it; she put her foot on starting lever and drew in the 
screw driver, also her finger. First finger of left hand was 
smashed and apparently broken and was later taken off at 
the first joint. 

These cases are but typical of many annually reported to the 
labor department, of accidents to children while they were oper- 
ating machines not specified in the statute. The remedy is plain* 
In addition to naming specific machines that a child shall not be 
permitted to operate, the statute should contain a broad pro- 
vision forbidding any child under sixteen years to operate or to 
assist in operating any dangerous machine or machinery, and 



permitting the Industrial Board to determine by rules and regu- 
lations what machines are dangerous. In a very short time 
there would be a comprehensive set of rules and regulations on 
the subject which could from time to time be readily augmented 
or altered. 

If, for instance, an inspector should find a child under sixteen 
years operating a dangerous machine not specified in the statute 
he would immediately report the fact to the Industrial Board. 
In the meantime the inspector by calling attention to the board's 
powers would probably secure an immediate dismissal of the 
child from the dangerous employment or in any event, the board 
in a very short time would add that machine to the list of those 
at which the employment of a child is prohibited. As the law 
is to-day, no one cares to go to the legislature for an amendment 
to the statute every time a new type of dangerous machine is 
discovered.* 

Jurisdiction Over Prosecutions for Violation of Child 
Labor and Compulsory Education Laws 

The Commission has been urged to recommend the extension 
of the jurisdiction of the Children's Court in cities of the first 
class, to include prosecutions for violation of the child labor law 
and compulsory education law of the state. 

At present such prosecutions must be begun in the Magistrates' 
Court and continued in the Court of Special Sessions if the 
magistrate finds the evidence sufficient to hold the defendant for 
trial in the higher court. 

By the proposed arrangement all such cases would be heard 
immediately in the Children's Court. In favor of this change it 
is argued that since the children are frequently witnesses in trials 
they are now subject to the contaminating influences of a court 
room in which criminal cases of all kinds are heard. It is urged 
also that it is altogether logical that a Children's Court should 
hear cases where children are sinned against as well as the cases 
in which they are sinners. 

• Bill 26, Appendix L 



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■■'p^ir^MPi^ww 



186 



Keport of Commission. 



This extension of the jurisdiction of the Children's Court has 
been opposed hj many, because that court would then cease to be 
what its name implies. They argue that such an extension of 
jurisdiction is utterly inconsistent with the theory upon which 
these courts have been created, which is that they shall deal 
exclusively with youthful misconduct; and that it would bring 
questions of criminality into the Children's Court, which legis- 
lation has in the past sought zealously to exclude. 

In the opinion of the Commission such a proposed extension of 
jurisdiction would not be wise at this time. The Children's 
Court in this state is yet in an experimental stage. It is still 
struggling against too many difficulties, to perform the additional 
work that would be thrust upon it by the proposed measure. 
Even now it is unable to do properly the work which it is called 
upon to do. The Manhattan court has about 10,000 children each 
year arraigned before it; and even with the improvements that 
have recently been made in the way of building facilities and in 
the number of probation officers, the court will still be handi- 
capped in its work for some time to come. No extension of the 
court's work, even assuming that it is desirable, could wisely be 
made for at least three or four years. 

We wish to emphasize, however, the necessity of protecting 
the child witnesses from any contaminating influences in the 
court room. It is simple to do this both in the Magistrates' 
Court and in the Court of Special Sessions by keeping the 
children in a separate room until they are called as witnesses. 
We recommend that this step be taken at once. It could also be 
arranged that the cases in which children are witnesses be tried 
on a special day. 

The Enfobcbment of the Chiu) Labob Law 

To the effective enforcement of the child labor law throughout 
the state, all the energies of the Department of Labor should be 
directed. Much has already been accomplished by the depart- 
ment in the city of New York; but a great deal still remains 
to be done through the rest of the state. Prosecutions for viola- 
tion of the child labor law in cities up-state are not as frequent 
as the conditions demand. 



Rbpobt of Commission. 



187 



A table is attached of prosecutions instituted by the Depart- 
ment of Labor for violation of the child labor law from October 
1st, 1911, to September 30th, 1912. This table shows the differ- 
ence in results between the city of New York and the rest of 
the state. 



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Report of Commission. 



The Commission is of the opinion that the inspectors in cities 
up-state are not doing their full duty in connection with the en- 
forcement of this law. Only recently a factory inspector in 
Syracuse gave us the astounding information that if he found 
a child between fourteen and sixteen employed in a factory after 
5 o'clock in the evening in violation of law, he would not prose- 
cute the employer, but would simply notify the Albany office of 
the Labor Department A notice would then be sent directing 
the owner to cease the illegal employment. The inspector would 
visit the premises a few days later and unless he found that same 
child again employed after 5 o'clock in violation of the law, no 
proceedings would be instituted against the employer. 

Of course such procedure is absurd. It simply fosters con- 
tempt and indifference for the law. That is not the procedure 
adopted by the labor department in New York City, and it should 
not be countenanced anywhere in the state. 

This condition of affairs is due in a measure to the fact that 
there is no special counsel assigned for the prosecution of such 
cases in cities up-state, whereas there is one in the city of New 
York. 

To remedy this situation the Commission has recommended the 
appointment of an additional assistant counsel to the Department 
of Labor whose headquarters shall be in the city of Buffalo or in 
such other city as the Commissioner of Labor may direct 

Continuation Schools 

Owing to the limitation of time placed upon our work we have 
necessarily been obliged to confine ourselves to matters that are 
directly concerned with health and safety. We feel, however, 
that it would not be fitting to close this portion of our report 
without referring briefly to what we consider one of the most 
crying needs in our present industrial system, the continued edu- 
cation of children who are obliged to go to work at an early age. 
In our preliminary report we said : 

" Under our present economic system, children often begin 
their life of toil at an early age, but this evil certainly does 
not lessen the obligation of the State to provide for their 
education. Modern factory conditions undoubtedly deaden 



Repoet of Commission. 



191 



in the great majority of cases whatever intellectual interest 
the child may have. It is for these young workers that we 
must plan, and provide with even greater care than for those 
who are fortunate enough to continue at school." 

If we are to keep pace with the progress of European countries 
we must provide as they are doing for this continued education. 
We strongly commend this subject to the attention of the various 
departments of education, state and local, and hope that continua- 
tion-schools for children who have gone to work, will soon be a 
reality. 

Summary 

For protecting the health and safety of young children em- 
ployed in the factories of the state we make the following sug- 
gestions for remedial legislation: 

1. That the present requirement for a thorough physical ex- 
amination before an employment certificate is issued, which now 
applies only to factories, be extended also to mercantile 
establishments. 

2. That every local health board be required to transmit to 
the Department of Labor duplicate records of all physical ex- 
aminations, including the records of children whose applications 
for employment certificates were rejected because of physical 
unfitness. 

3. That instead of the present vague and indefinite educational 
requirement for employment certificates, there be adopted a uni- 
form standard ; that is, the completion of the first six years of the 
public elementary school, or school equivalent thereto, or of the 
parochial school. 

4. That the Department of Labor shall have supervision over 
the issuance of employment certificates by health departments in 
the different cities and that the department shall furnish uniform 
blanks and forms to be used by each local health department. 

5. That power be given to the medical inspectors of the De- 
partment of Labor to examine any child between fourteen and 
sixteen years of age employed in a factory and to cause the 
cancellation of the employment certificate of any such child who 
is found to be physically unfit for factory work. 



w 



i\' 



I 



fi 



192 



Report of Commission. 



6. That the Industrial Board shall have power to make rules 
and regulations specifying from time to time trades, processes 
of manufacture, and occupations deemed injurious to health, and 
to prohibit the employment of minors under the age of eighteen 
in all such occupations. 

7. That there be added to the present statute specifying danger- 
ous machines which children are not permitted to operate, a broad 
provision prohibiting any child from operating any dangerous 
machine, and leaving power to the Industrial Board from time 
to time to specify such machines. 

We also recommend : 

1. A more effective enforcement of the child labor law in all 
the cities of the state as well as in New York City. 

2. That children who attend as witnesses in criminal courts 
on the trials of cases involving prosecution for violation of the 
child labor law and of the compulsory education law be kept in a 
separate room until their cases are called and, if practicable, that 
their cases be heard on special days. 

3. That the entire matter of the continued education of young 
children, after they begin work, be thoroughly investigated by 
the various departments of education both of the state and of its 
individual communities. 




Report op Commission. 



193 



VI. 

NIGHT WORK OF WOMEN IN FACTORIES 

None of the investigations carried on by the Commission has 
shown conditions more dangerous to health and public welfare 
than the employment of women at night in the factories of the 
State. Conditions of life were revealed which seemed certain 
not only to destroy the health of the women employed at night, 
but to threaten the very existence of the young children de^ 
pendent upon them for nourishment and care. 

For instance, in one large industrial plant in the central part 
of the state, from 130 to 140 women were found at work on 
night shift. They were employed for ten hours on five nights 
of each week, from 7 p. m. to 5 :30 a. m., with a break of half 
an hour at midnight. The output of this factory is twine made 
from hemp and the work involves exposure to much dust, great 
noise, and, in some rooms, great heat. The married women who 
worked at night had on an average about four and one-half hours 
of sleep in the day time; they prepared three meals each day, 
including breakfast which had to be made ready immediately 
after the night's work. They also did all the washing for their 
families. Many of them returned to their homes after ten hours 
of work at night in the dust and roar of the twine factory, to 
nurse their babies in the morning and during the day time. 

The lack of detailed information in regard to the night work 
of women of the United States in general, and in the factories of 
New York State in particular gives special value to this investi- 
gation by the Commission, and makes it desirable to set forth 
the facts in some detail. 



4 



The Danoeb to Health from Night Work 

The twine works were repeatedly visited by agents of the Com- 
mission, both at night and during the day and individual reports 
were secured, giving the personal histories of one hundred of the 
women who worked on night shift. 

13 



194 



Report of Commission. 



The general appearance of the night workers is thus described: 

" Most of the women on the night shift are married," says 
the investigator. " The appearance of the women workers 
is very disheartening. They are stolid, worn looking, and 
pale. Their clothes, faces, and hands are covered with oil 
and hemp dust." 

And again: 

"The women as a whole were a disheartening group, in 
their oily, dust laden clothes, with drawn white faces and 
stooping gait." 

The special investigators report that of the one hundred women, 
whose personal histories were secured, 95 were Polish. There 
were 80 women between twenty and thirty years of age. Of these 
one hundred women 62 were anemic, 57 complained of backache, 
and 53 of headache. In 77 cases menstrual periods were regular; 
in 24 not regular (8 pregnant). All operatives worked standing. 

These observations agree with the findings of all previous in- 
vestigators who have studied the industrial night work of women.* 
The publication of the results of these studies by the International 
Association for Labor Legislation in 1903 was so convincing as to 
the injurious effect of night work, that three years later an inter- 
national treaty prohibiting the employment of women at night was 
signed by fourteen European nations, — an epoch making event 
which will be described more fully later in this report. 

The authorities all agree that after a shorter or longer period 
women who are employed at night or until late evening hours 
suffer from all those symptoms which mark lowered vitality, if 
not actual disease, such as loss of appetite, headache, anemia, 
and weakness of the female functions. 

Experimentation upon animals has shown that in extreme cases 
death results far more quickly from continuous loss of sleep than 
from starvation. Thus a special investigation shows that though 
puppies can live without food for twenty days and recover after 
careful feeding, the loss of four to ^ve days' sleep results in 
death.f It has also been shown that animals kept in the dark 
without sunlight suffer a loss of the red coloring matter in the 

• Night Work of Women In Industry, Reports on Its importance and legal 
regrulation. Preface by Prof. E. Bauer. Jena, 1903. 
t Sleep, by M. de Manaceine, London, 1897. 



Report of Commission. 



195 



blood. The same is found true of night-workers who are deprived 
of sunlight ; impoverished blood is one of the main symptoms. 
This fact was confirmed by an examination of 800 bakers by the 
investigators of the Commission, described in its Preliminary 
Report. Night work was found to increase their morbidity and 
mortality, as well as to upset all the normal habits of social life.* 
The chief danger of health from night work is thus due to the 
inevitable lack of sleep and sunlight. Recuperation from fatigue 
takes place fully only in sleep, and best, in sleep at night. Hence, 
night work is, in a word, against nature. When exhausting 
factory work fills the night, and household work most of the day, 
health must inevitably be sacrificed. 

^ This injury to health is all the greater, because sleep lost at 
night by working women is never fully made up by day. For in 
the first place, sleep in the day time is not equal in recuperative 
power to sleep at night. Dr. Epstein says, inJiis work on the 
" Diseases of Bakers " : " Doctors and experts on hygiene are 
unanimous in declaring that sleep at night can in nowise be re- 
placed by sleep in the day time.^f Various other medical 
authorities confirm this opinion. Morover, quiet and privacy for 
sleep by day is almost impossible to secure. Upon returning home 
in the middle of the night or at dawn the workers can snatch at 
most only a few hours' rest. 

We have seen that the married women who worked on night 
shift had on an average only about four and one-half hours of 
sleep in the day time. 

" The hours of sleep varied with the individual," continues 
the investigator. " Some slept an hour or two in the morn- 
ing, and for a time in the afternoon ; others slept at inter\^als 
of about an hour each during the day. They all slept in 
bedrooms which had been occupied during the night by hus- 
band and children." 

Forty-eight of the women worked at night in the spinning room 
of the mill, thirty in the balling room, twenty-two in the preparing 
room. Of the conditions of work the investigators say: 

" Dust is the predominating evil." Again : " There is 
considerable dust in nearly all p arts of the mill. This dust 

BalJe^e's^Sirgak^^sTn' iJeWor^Tl^y^^^^"' ^^' ^^^^^^^ "^^ ^^^^^ on 
Epstein. Handbuch der Arbeiterkrankheiten, 1908. 



4 



■' 



I 



iLi 



196 Kepoet of Commission. 

is caused by the nature of the raw product, hemp. It fills 
the preparing room where the hemp bales are opened and 
the hemp prepared. * * * The dust in this department is 
so thick that the clothes and caps of the women are com- 
pletely covered with it." * 

Of the noise in which the women work, the investigator says : 

" The clatter of the machinery here is so frightful that a 
voice can hardly be heard below a shriek. * ♦ * The intense 
noise of the machinery must have some effect on hearing and 
the nervous system. The investigator had ringing in her 
ears and was somewhat deafened when she went from the 
spinning room into the office. * * ♦ The night matron said 
she could not stay as long as the investigators did in the 
spinning room because she couldn't stand the noise, but that 
the Poles were used to it." 

Besides noise and dust, some of the workers are subjected while 
at work to great heat. " The spinning room in the basement is 
eight or nine feet high. On hot days it must be a veritable 
inferno." " The watchman says that on very hot nights, the 
temperature on the top floor is 108 degrees F.," writes the investi- 
gator quoted above. 

The wages earned were as follows : 

One-third of the women earned from $7 to $7.99 a week, an- 
other third earned from $8 to $10 (28 earned from $8 to $8.99, 
and 6 from $9 to $10). Only one woman made $12 a week ; 11 
women made as little as from $6 to $7. The remaining 23 re- 
ceived varying wages, so that an average could not be accurately 
taken. 

Most of the 100 women specially investigated were married. 
There were 18 unmarried and 5 widowed. Of the 82 married or 
widowed nightworkers, 75 had children. Of the children 24 were 
infants under one year, 19 between one and two years, 18 between 
two and three years, 17 between three and four years and 19 be- 
tween four and five years. There were 43 children between five 
and ten years of age. In many cases the mothers explained that 
they worked at night though they found the labor exhausting, in 

* Since the visit of the Commission, we are Informed that a contract has 
been closed by the management to Install dust-removing apparatus for the 
various machines. 



M 






Report op Commission. 197 

order that they might nurse or take care of their children in the 
day time. " N. W. wants to work at night on account of her baby 
which she is nursing." " N. D. wants to do night work on ac- 
count of baby." " N. T. is nursing her baby now and would 
rather work nights so that she can feed the baby in the day time ;" 
such are the repeated reports of the investigators. Only a few of 
the women seemed to realize that this combination might prove 
disastrous. 

" Mrs. M. N changed from night to day work, because 

it took all her strength to stay up all day besides. Now 
working days she gets up and dresses, and cares for all the 
children before she goes to work. 

"Another woman says she did not like night work. It 
was too hard. Quit three weeks ago. *I used to be cross 
to my children when I worked nights, because I was so tired 
all the time.' " 

Even without night work it has been shown that the return of 
married women to factory work after childbirth increases the 
mortality of infants. Indeed, owing to complex causes a much 
higher death rate of infants exists in such manufacturing towns as 
Fall River, Massachusetts, and Biddeford, Maine, than in non- 
manufacturing towns. The following table shows this fact: 

The number of deaths of infants under one year per 100 deaths 
at all ages was, in the year 1910 as follows :* 

Boston 19 

Chicago 21 

New York City 21 

Biddeford 27 

Lowell 29 

Lawrence 35 

Holyoke 35 

Fall River. 39 

In 1910 the number of deaths of infants under one year per 
1,000 births in the selected cities, was as follows :f 

New York City i25 

Boston 226 

frbid. p 18. 






W 






\ 



198 



Eeport of Commission. 






fi 



Philadelphia 138 

Lawrence 167 

New Bedford 177 

Holyoke 213 

LoweU 231 

What must be the result when in addition to the ordinary labor 
of mothers, the factory night work of mothers is added ? 

Ignorant women can scarcely be expected to realize the dangers 
not only to their own health but to that of the next generation 
from such inhuman usage. But it is precisely to prevent such 
conditions of toil as threaten the welfare of society that labor laws 
are designed. These instances show the urgent need of providing 
by law an adequate period of rest at night for women who work in 
factories. 

The twine factory is not the only establishment in New York 
State that employs women on regular night shift. It has been here 
described at some length both because it shows the practices which 
obtain without a legal prohibition of night work, and also because 
no such detailed information regarding women's night work in 
other establishments is available. 

The "Commission heard evidence also as to the custom of employ- 
ing women on night shifts in other industries. Thus, for instance, 
in certain textile mills in the central part of the state, women work 
from 7 :00 p. m. until 6 :00 a. m. on five nights in the week. In 
New York 'City certain candy factories employ regular night shifts 
of women on five nights of the week during December. 

The Danger to Health fkom Late Overtime Evening AYork 

The preceding examples illustrate the dangers of a regular night 
shift. But far more usual than the all-night shift is employment 
" overtime " until late at night. In many trades employees are re- 
quired to work many hours after and in addition to the regular 
day's work, a practice which subjects women already fatigued to 
the added strain of night employment. A detailed study of book- 
binding in New York City carried on during the last few years 



Keport of Commission. 



199 



has just been published.* The hours of labor were reported of 
women working in 208 binderies employing 5,689 women. 

"Few binderies (not more than two or three)," says the 
report, " have regular night shifts for women who begin work 
in the evening without having worked during the day. In 
a far greater number, girls who work during the day stay on 
through the night hours. * * * Some of the actual instances 
of overtime work demonstrate that the prescribing of a def- 
inite rest period during definite hours of the night is essential 
to prevent the joining together of two working days at the 
stroke of midnight." 

Thus, for instance, one girl of 23 worked from 8.30 a. m. until 
5:30 the next morning. 

" She was employed to fill the boxes of a gathering machine 
in a magazine bindery. She worked from 8 :30 a. m. until 
6 :30 p. M., with a half hour at noon. She began again at 
6:30 p. M. and worked until midnight. After a recess of 
thirty minutes she continued her day's task until 5 :30 a. m. 
At the time of this employment the New York law permitted 
a twelve-hour day, and since the employment of women at 
night was not prohibited, a working day of twenty-four hours 
was legal, for with the stroke of the clock at midnight a 
twelve-hour day ended and another twelve-hour day night 
began. In the case of this girl, not the long hours of work, 
but the fact that fourteen hours instead of twelve preceded 
midnight was a violation of the law." 

Under the present fifty-four hour law, which allows a worfa'ng 
day of only ten hours, the lack of a legal closing hour would pre- 
sumably allow the employment of a woman ten hours before and 
ten hours after midnight. This is a stretch of twenty working 
hours, practically continuous, but falling on two calender days. 

In 152 cases, instances of illegal overtime were found among 
the bindery workers in 42 binderies. In eighteen per cent, of these 
cases— almost one in every five— work continued until 10 p. m. or 
much later at night, in addition to the day's work. 

" Several flagrant cases were included in this last group. 
One reported work until 1 2 :30 a. m. ; three until 1 :00 a. m. ; 

.^♦*^°7*fP *" ^^^ Bookbinding Trade, Chap. VI; by Mary Van Kleeok Sao 



r 



I 



200 Report of Commission. 

two until 3 :00 a. m. ; one until 5 :30 a. m. ; one until 8 :00 
A. M. ; and one until 9 :00 a. m. In every one of these cases 
the girl had gone to work in the morning, had worked 
through the day and evening until after midnight. 

" The detailed reports of working days longer than twelve 
hours," says the report, " show appalling conditions. These 
hours represent actual working time, after deducting the 
length of noon hours and the time allowed for supper. In 
four positions the day was 1214 hours long; in seven, 121/^; 
in three, 12% ; in nine, 13 ; in one, 131/4 ; in two 14 ; in two, 
I5I/2 ; in two 16 ; in two 18 ; in one, 19^/2 ; in one, 21^^ ; and 
in one, 22." 

The United States Bureau of Labor in its report upon wage- 
earning women* confirms our foregoing assertion of the existence 
of these excessive hours of labor for women in bookbinder ies. In 
one bookbinding establishment in New York City agents of the 
government found girls employed overtime from 16 to 24^4 con- 
tinuous hours, once and sometimes twice a week, during a period 
of from sixteen to twenty-four weeks. 

The Commission found instances of extreme overtime work by 
women in the canneries. Here the employment of many women 
from the morning of one day until after midnight, or even until 
dawn of the next day is proved by the employer's written records. 

The time sheets of one factory for July 11th, 12 th, and 13 th, 
were put in evidence at a hearing held by the Commission at 
Auburn, 'N. Y., on August 14th, 1912. This establishment packs 
fruits and vegetables and on the busiest pack employs from 150 
to 200 people. About 75 are women. One of these women was 

a Mrs. D. The overtime hours, incredibly long, which she 

worked were clearly proved. 

The counsel for the Commission examined the manager of the 
factory : 

" Q. According to your time sheet which you have pro- 
duced of July 10th, 1912, which is Wednesday, Mrs. D 

began work at 6 :45 in the morning that day ; is that right ? 
A. Yes. 

Q. And she finished at 2:30 the following morning? A. 
Yes. 

* Report on Condition of Woman and Child Wage-earners in the United 
States. Vol. V. p. 205. Senate Document No. 645, 61st Congress, 2nd Session, 
1910. 



Kepokt of Commission. 



201 



Q. Working 19% hours? A. Of course she had l/^ hour 
out for lunch and supper that we gave her." 

♦♦*♦*** 

"Q. You produce the time sheet for the date of July 11, 

1912, and I find the same Mrs. D , that is the same one, 

is it? A. Yes; 16 hours. 

" And she began that morning at a quarter of seven and 
stopped at 12 o'clock, and she began at 1 o'clock — that was 
her lunch hour ? A. Yes ; she had an hour out. 

Q. You didn't pay for that hour ? A. l^o. 

Q. Then she stopped at 6 and started at 7; you didn't 
pay for that hour ? A. No. 

^ Q. She stopped at a quarter of one in the morning ? A. 
Yes, sir. 

Q. And she worked 16 hours that day? A. Yes." 
* ♦ * ♦ * * * 

" Have you got July 13, Mrs. D ? She began that 

morning, according to your sheet, at a quarter to seven, 
stopped at 12, began at one in the afternoon and stopped 
work at 6, stopped at 6 and began at 7 and worked until a 
quarter of two the following morning; 17 hours during the 
day, actual work, taking out at her own expense one hour for 
lunch and one hour for supper ? A. Yes." 

Other women were employed in the same factory for hours 
equally long. This fact was shown by the employer's own time 
sheets. From these it was found that on July 11th, from among 
55 women workers, one-half (27) worked until after 11 p. m., most 
of them continuously from 6 or 7 a. m., with an hour out for 
dinner and supper at their own expense. Of the 27 women who 
worked until late at night, 

15 worked until after 11 p. m., 
2 worked until midnight or 12 :30 a. m., 
4 worked until between 1 and 2 a. m., 
6 worked until 2 a. m. or later. 

The women who did not finish until 1 or 2 a. m., were employed 
from 16 to 17 hours out of the 24. 

The time sheets show that on the next day, July 12th, the night 
work dropped off somewhat, yet 12 women out of the 55 worked 
later than 10 p. m. 



i f 



M 



i I 



202 



Report of Commission. 



On the third day, July 13th, 32 or almost two-thirds of the 
women worked late at night again. 23 of them worked until be- 
tween 1 and 2 a. m.; 5 of them worked until between 2 and 
3 A. M. On this day again these women were employed from 1 6 
to 17 hours. 

Instances may be further cited showing also the duration of 
night work done overtime in the laundries of New York City. Tn 
February, 1912, an inquiry was made by the Bureau of Media- 
tion and Arbitration of the New York State Department of 
Labor into the causes of a strike of laundry employees. At a 
number of hearings, these employees testified under oath in regard 
to their hours of labor. Testimony was given showing that work 
often continued until midnight and occasionally until 1 a. m. 
The three schedules following, of long weeks reported in the steno- 
graphic minutes of evidence, while not necessarily typical, never- 
theless illustrate to what extremes the night work of women in 
laimdries may be carried when there is no legal closing hour : 



Day 

of 



Monday . . . 
Tuesday . . . 
Wednesday . 
Thursday . . 
Friday . . . . 
Saturday . . 



Woman who has 
worked two yrs. 
in laundries. 

▲. M. P. M. 

12—12 
»-ll.» 
^- 9.» 
»-7 
9— 6.30 



Woman who has 

worked five yrs. 

in laundries. 

▲. M- P. M. 

12-12 
»-11.30 
»-9 
>— 7 
»-6 



Woman who has 
worked eleven yrs. 
in laundries. 

A- M- P- M. 

T— » 

a-ll 
^-8 
9— 7.30 
9-6 



In many other occupations also employment overtime often 
occurs until late at night. This is especially the case, although to a 
less degree than in the binderies and laundries, during the fall 
months in factories that supply the Christmas market, notably in 
candy and paper box manufactories. Overtime is usual too, 
through the wide ramifications of the clothing and stitching trades, 
and also in dressmaking and millinery establishments. 

The Danger to Morals 

Besides the injuries to health from the all night shift and the 
late overtime night work of women, it has universally been found 
that such work renders women liable to unusual moral dangers and 
temptations. When women are dismissed in the middle of the 
night or at dawn, they face the possibility of insult or attack on 
the streets. Those, mor^vec. who are living away from home find 



Report of Commission. 



203 



I 






it difficult to obtain respectable boarding places to which they may 
return after midnight. 

The Proposed Law 

The Commission recommends that night work of women in 
the factories and workshops of this state be at once prohibited. 
It finds that such work is imnecessary from an economic point 
of view and indefensible from the standpoint of public welfare; 
for it is dangerous to health, inimical to good morals, and de- 
structive of the vitality of women as wives and mothers. We, 
therefore, recommend the enactment of a new section of the labor 
law as follows: 

§ 93-b. Period of rest at night for women. In order to 
protect the health and morals of females employed in factories 
by providing an adequate period of rest at night, no woman shall 
be employed or permitted to work in any factory in this state 
before six o'clock in the morning or after ten o'clock in the evening 
of any day.* 

We believe that this bill meets the objections raised by the 
Court of Appeals in declaring unconstitutional that portion of 
Section 77 of the Labor Law (Laws of 1899, Chapter 192) which 
prohibited the employment of women in factories between 9 p. m. 
and 6 a. m. (People vs. Williams, 189 New Yorlc, 131, decided 
1907). The bill submitted by the Commission fixes 10 p. m. as 
the closing hour and specifically states that its purpose is to 
promote health. 

Constitutionality of the Proposed Bill 

Two considerations of the utmost importance seem to the 
Commission to differentiate the proposed bill from the law of 
1899 which was held to be unconstitutional. 

First, the decision of the United States Supreme Court in 
Midler vs. Oregon\ upholding the constitutionality of a ten-hour 
law for women as a legitimate exercise of the police power, decided 
in 1908, one year after the decision of the New York Court of 
Appeals in the Williams case. 

• Bill 15. Appendix L 
t 208 U. S., 412. 



fe 



204 



Report of Commission. 



Second, the existence of many facts of common knowledge re- 
garding the necessity for the prohibition of night work on phy- 
sical, moral and administrative grounds, — arguments which were 
not brought to the attention of the New York court for its ju- 
dicial notice when it considered the act of 1899. 

1. The Change in Judicial Opinion 

The decision in People vs. Williams was the first and remains 
the only decision of any superior court in the United States to 
pass upon the constitutionality of an act prohibiting the night 
work of women. 

The decision in Muller vs. Oregon, it is true, concerned solely 
an act limiting the number of hours of labor to be performed by a 
woman in one day. The decision in People vs. Williams dealt 
with a statute prohibiting employment of women before and after 
certain specified hours. But the opinion in the Muller case lays 
down certain broad considerations of public health and welfare 
which apply with equal justice to all limitations upon women's 
labor, be they by night or by day. In rendering its decision in 
the Williams case, the New York court did not have the benefit 
of the reasoning in Muller vs. Oregon, On the contrary, the 
Court of Appeals followed closely the reasoning of a previous 
decision of the United States Supreme Court in Lochner vs. 
New York, decided in 1905.* 

In this well known case the Federal Supreme Court held in- 
valid the New York bake shop law, which limited the employ- 
ment of men in bakeries to 60 hours in one week. The court de- 
clared this law to be an unwarranted interference with the free- 
dom of contract guaranteed by the federal constitution. This 
reasoning was relied upon by the New York Court of Appeals in 
People vs. Williams, 

"I need only refer," wrote Gray, /., for that Court 
(p. 136), " to the recent case of Lochner vs. State of New 
York (198 U, S„ H5), where the Supreme Court of the 
United States had before it a case arising in this State under 
a provision of the Labor Law, which restricted the hours of 
labor for the employees of bakeries." 

• 198 U. S., 145. 



Report of Commission. 



205 



" The argument there was, and it had prevailed in this 
Court, that the legislation was valid as a health law under 
the police power ; but the Federal Supreme Court refused to 
recognize the force of the argument, and held, if such legis- 
lation should be justified, that the constitutional protection 
against interference with the liberty of person and the free- 
dom of contract was a visionary thing. It was held that 
bakers 'are in no sense wards of the State* * * * so I 
think in this case we should say * * * an adult female is 
in no sense a ward of the State/' 

And again Gray, /., says even more specifically (p. 135) : 

*' * * * An adult female is not to he regarded as a 
ward of the State, nor in any other light tha/i the nnan is 
regarded, when the question relates to the business pursuit 
or calling,"* 

But since the decision of the Lochner case, upon which Judge 
Gray's argument was based, the current of judicial opinion has 
flowed in another channel, and in 1908 the United States Su- 
preme Court, taking cognizance of the " world's experience on 
which the legislation limiting the women's hours of labor is 
based," said in the case of Muller vs. Oregon, cited above : 

" That women's physical structure and the performance of 
maternal functions places her at a disadvantage in the strug- 
gle for subsistence is obvious," said the Court (p. 421). 

" The two sexes differ in structure of body, in the func- 
tions to be performed by each, in the amount of physical 
strength, in the capacity for long continued labor, particu- 
larly when done standing, the influence of vigorous health 
upon the future well-being of the race, the self reliance 
which enables one to assert full rights, and in the capacity 
to maintain the struggle for subsistence. This difference 
justifies a difference in legislation and upholds that which is 
designed to compensate for some of the burdens which rest 
upon her" (p. 422). 

This, then, is the decision of the highest tribunal of the country 
concerning the relation between the employment of women and 
the public welfare. It is fair to presume that this reasoning 
would be followed by the New York Court of Appeals if it again 



* Italics are ours. 



^'^"-^'^ 



! 






206 



Rkpout of Commission. 



bad ail uppurtuiiity to pass upon the coustitutionality of any law 
atfeeiiiig hours of womeu by night or by day. 

It is signiticant that since Mullcr vs. Oreyoii was decided, the 
tSuprenie Courts of five great states, Illinois, Michigan, Ohio, 
Washington and California, have upheld laws limiting a woman's 
hours of labor.* Indeed, the Supreme Court of Illinois, in 
Bitchie vs. Wai/man, decided in 1910, completely reversed a prior 
decision overthrowing the validity of an Illinois eight-hour law. 
The court, in sustainine: a new ten-hour law, was not deterred, 
as the same court had been fourteen years before (Ritchie vs. 2'he 
People, 155 III,, 198 decided 1895) by the theory of freedom of 
contract. 

All that body of " general knowledge " concerning the ill effects 
of the overwork of women, of which the Federal Supreme Court 
had taken judicial cognizance, was again admitted to carrv its due 
weight, the Illinois court remarking: 

" What we know as men we cannot profess to be ignorant 
of as judges." 

The " Facts of Conunon Knowledfje " Concerning }s yjht Work. 

The Commission supports the proposed bill not only by this 
convincing array of judicial decisions, without a single adverse 
opinion since the decision of Muller vs. Oregon, but also by 
" facts of common knowledge " regarding night work, proving its 
ill effects to working women, and to the community of which they 
are a part. These facts are physical, moral, and administrative. 

The dangers to health and morals have already been recounted 
in connection with the cases of night work discovered by agents 
of the Commission and other investigators. These facts seem 
to the Commission to meet the criticism of Judge Gray, who said 
of the previous night work law, in his opinion in the Williams 
case (p. 134) : 

" I find nothing in the language of the section which sug- 
gests the purpose of promoting health, except as it might be 
inferred that for a woman to work through the forbidden 
hours of the night would be unheal thful." 

• in. act of 1909 held constitutional, Ritchie vs. Wayman, 244 111.. 509; the HI. 
act of 1911 held constitutional. People vs. Elderinsr, 98 Northeastern Rep.. 962; 
WHhey vs. Bloem. 163 Mich.. 419; ex parte Hawley, 98 N. E. Rep.. 1126; State vs. 
Somerville. 122 Pacific Rep.. 324; Matter of Miller, 124 Pacific Rep., 427. 



I 



Report of Commission. 



207 



The law proposed by the Commission explicitly states that it 
is designed to protect the health and morals of women employed 
in factories, by providing an adequate period of rest at night. 
That the closing hour has been fixed at ten o'clock instead of at 
nine o'clock as in the old law, clearly shows that the purpose of 
the proposed law is to promote health. Moreover, the facts re- 
ferred to in this report prove that it is unhealthful for a woman to 
work during the forbidden hours of the night, and make plain 
the need of prohibiting night work, as a health measure. 

The prohibition of night work by women is not a new subject 
of discussion. In fact, the United States is the only great country 
having labor laws for women in which the prohibition of night 
work is not an important part of such laws. In the very first 
legislation to protect women from overwork, enacted in England 
in 1844, fixed opening and closing hours were set, before and 
after which work was prohibited. Through nearly a century 
which has since elapsed, the prohibition of women's night work 
has gone hand in hand in all European countries with the re- 
duction of the length of the day's work, and a legal closing hour 
has been found an essential part of effective laws, necessary not 
only to protect health and morals, but also to assist in the enforce- 
ment of the daily limitation of hours of work.* 

For many years international action was urged to secure a 
uniform prohibition for women's night work. After twentv-five 
years of effort, representatives of fourteen European powers as- 
sembled at Berne, Switzerland, December 26, 1906, m response 
to an invitation 'from the Swiss Federal Council. These countries 
were Austria-Hungary, Belgium, Denmark, France, Germany, 
Great Britain, Italy, Luxemberg, Portugal, Spain, Sweden, Swit- 
zerland, and the ISTetherlands. An international agreement or 
convention was submitted to this conference. This was to bind 
the contracting states to prohibit the industrial night work of 
women without distinction of age. A minimum period of eleven 
consecutive hours was set for the duration of the night rest, to in- 
clude the time between 10 p. m. and 5 a. m. in all cases. Only 
two exceptions permitting night work were admitted: first, in case 
of the interruption of work by causes beyond the employer's con- 

• Fatigue and Efficiency: A Study in Industry. Bv JospnhJno n^i/ir^o.,!, 
pp. 216-222: Charities Publication Committee NY. 1912. '^^^^P*'^"® Goldmark, 



I 



U 



208 



Report of Commission. 



trol, frequently described as " the act of God " ; second, to save 
raw material* liable to rapid deterioration. A slight modification 
in favor of the seasonal industries was made by reserving the 
right to reduce the length of the night rest from eleven to ten 
hours during sixty days of the year. No other concessions were 
made. 

By January 14, 1910, all the participating states, excepting 
Spain and Denmark had ratified the convention. 

The United States could not take part in the Berne convention 
since the federal government cannot bind the separate states to 
enact legislation restricting hours of labor. Hence the initiative 
is left solely to the action of the states themselves. 

The Need of Legal Closing and Opening Hours to Assist 

Enforcement 

The examples of work, after and in addition to the day's em- 
ployment, given above, show that the legal closing hour is neces- 
sary not only to provide an adequate rest period at night to protect 
the health and morals of working women, but also to control over- 
time work and thus to make possible the enforcement of the limi- 
tation of hours per day. The two things are practically insepa- 
rable. Unless the inspectors remain on the promises from start to 
finish, which is practically impossible, they cannot know the num- 
ber of hours worked ; and for various obvious reasons, when the 
law has been violated, the statements of neither employers nor em- 
ployees can be relied on. But when definite hours are set before 
and after which work is illegal, a single inspection suffices to prove 
a violation. 

The Report of the Federal Government states after detailed 
study of the question :f 

" The indications are strong enough to warrant the conclu- 
sion that overtime runs to dangerous limits in * * * man- 
ufacturing establishments in the absence of restrictive laws 
not only setting definitely a limit to the hours of labor per 
day and per week, but fixing the closing hours/' 

•This contingency has been regulated by special acts In various European 
countries. Thus in England, since 1907, work is prohibited after 10 P. M. on 
such perishable material. 

t Report on Condition of Woman and Child Wage Earners In the United 
States. Senate Document No. 645, 61st Congress, 2nd Session, 1910. Vol. V, p. 215. 



Report of Commission. 



209 










It appears from the opinion of Judge Gray in People vs. Wil- 
liams, that the Court might have considered the night work law 
valid if it had seemed to them to prohibit overtime work, after 
and in addition to the regular day's work. 

The prohibition of all work between 9 p. m. and 6 a. m. did not 
seem to them a legitimate exercise of the police power, because 
under such prohibition : 

"An adult woman * * * cannot be employed, or con- 
tract to work, in any period for any length of time, no 
matter how short, if it is within the prohibited hours." 

But universal experience, the facts of which have in great part 
been recorded and published since the decision in the Williams 
case, proves that the fixed closing hour, after which all employment 
is prohibited, is the only known device to check late overtime 
work continued into the night. The Court of Appeals specifically 
said, in the Williams case, that if the intention to check such late 
overtime work had been clear the Court might consider this more 
properly " a matter of legislative concern." Indeed, before the 
Williams case reached the highest court of New York, the Justices 
of the Appellate Division of the Supreme Court had been divided 
in opinion (116 App. Div., 379). Two of the five judges handed 
down minority opinions, expressing their belief that the entire 
provision of the labor law relating to the hours of labor for women, 
including the prohibition of nightwork, was within the police 
power of the state, and therefore valid. They apparently saw no 
reason for differentiating the provision which prohibited night 
work from the other provisions establishing a ten-hour day and 
sixty-hour week, the constitutionality of which was not questioned. 
In his minority opinion, Mr. Justice Houghton said:* 

"I think the act limiting the hours and times of day in 
which women may work in factories * * * is a valid exer- 
cise of the police power for the preservation of the public 
health." * * * (^p. S81). 

" The purpose of the statute is to prohibit women working 
in factories more than 60 hours in any one week, and pre- 
sumably unhealthful hours, and to that end it prescribes that 
they shall not work before six o'clock in the morning, and 



* ItaUe* ours. 



14 



^•■1' 



i 




I': 



210 Report op Commission. 

after nine o'clock at night, and no more than ten hours in 
any one day." * * * (p, 381). 

"Constant night work is unhealthful for men and more 
so for women. * * * Excessive labor of an automatic char- 
acter such as most factory work finally assumes, tends to 
dull the mental and moral perceptions and leads to degrading 
recreations, especially when work ceases at any unseemly 
hour of the night/' (p, S8Jf). 

" The legislature has deemed that if she (a woman) be 
continuously employed in the same service in a factory more 
than a certain number of hours per day or week, or during 
the night time, her health would be likely to be injured." 
rp. S84). 

In this opinion Mr. Justice Ingraham concurred, saying of the 
provision in its entirety: 

"Regulation by the legislature as to the hours of labor 
by women when engaged in such work as would have a 
tendency to impair their health is, I think, within the power 
of the legislature and comes fairly within the police power 
of the State as relating to * the safety, health, morals and 
general welfare of the public/ " (p. 386), 

That the state has the right to ^ closing hours in order to en- 
force its requirement for the limitation of the hours of labor for 
women seems clearly established by a recent decision of the United 
States Supreme Court in, Purity Co, vs. Lynch (226 U. S., 192). 
In that case Mr. Justice Hughes, delivering the opinion said : 

" It is also well established that, when a state exerting its 
recognized authority, undertakes to suppress what it is freo 
to regard as a public evil, it may adopt such measures having 
reasonable relation to that end as it may deem necessary in 
order to make its action effective. It does not follow that 
because a transaction separately considered, is innocuous, it 
may not be included in a prohibition the scope of which is 
regarded as essential in the legislative judgment to accom- 
plish a purpose within the admitted power of the government. 
With the wisdom of the exercise of that judgment the court 
has no concern ; and unless it clearly appears that the enact- 
ment has no substantial relation to a proper purpose, it can- 
not be said that the limit of legislative power has been 



Report of Commission. 



211 



transcended. To hold otherwise would be to substitute judi- 
cial opinion of expediency for the will of the legislature — 
a notion foreign to our constitutional system." 

The history of the night work law in New York State shows 
that thirty-five years ago the legal closing hour and the prohibition 
of night work was thought imperative to assist in the enforcement 
of the ten-hour day by those most conversant with the circum- 
stances, — the factory inspectors. 

In 1886 the Legislature of N'ew York State had passed its first 
factory law providing that no women under twenty-one years 
might be employed more than sixty hours in any one week, unless 
for the purpose of making necessary repairs. The employment of 
any child under thirteen years was prohibited. 

In their annual report for 1887 the factory inspectors pointed 
out the dangers to health and to output from excessive overtime 
work and urged the establishment of a legal closing hour. 

" An inquiry among those females above the statutory age, 
who worked twelve and fifteen hours a day in printing offices, 
candy factories, woolen mills and other manufacturing estab- 
lishments," said the factory inspector's report, "elicited the 
information that the women who labor these long hours were 
more subject to fits of nervous prostration and debility than 
those who worked the normal day of ten hours, and as a 
rule they would not have so much working time to their 
credit as those who were not so over-worked." 

To remedy these evils the factory inspectors recommended that 
the employment of women at night, irrespective of age, be pro- 
hibited after 9 p. m. The recommendation was not, however, 
followed. 

In 1889 a first step in this direction was taken by prohibiting 
the night work of women under twenty-one years between 9 p. m. 
and 6 A. m. Employment of women under twenty-one years was 
also prohibited for more than ten hours in one day, except for the 
purpose of shortening the hours of work on Saturday. 

Ten years later, in 1899, by a single act, all of these pro- 
visions of the law were extended to all women, irrespective of age. 

The enforcement of the night work law remained more or less 
of a dead-letter for the following seven years. In 1907 the de- 



212 



Repobt of Commission. 



cision in the Williams case removed the law from the statute 
books. 

Now, after the lapse of five years, the Commission believes that 
the time has come to enact a new law. The decision of the United 
States Supreme Court in the Muller case has changed the whole 
trend of judicial opinion regarding legislation limiting women's 
hours of labor. 

Summary 

The available facts, in the opinion of the Commission justify 
the enactment of a new law for the two reasons emphasized above : 

First, because an adequate period of rest at night is 
essential for the health of women employed in manufacture. 

Second, because the provision of legal closing and open- 
ing hours is the only effective method of enforcing the 
limitation of hours. 

The proposed law is a moderate measure. It is most fair and 
reasonable to all concerned. It provides that women employed in 
factories shall have a period of rest at night between 10 p. m. and 
A. M. It thus allows a stretch of 16 hours — from 6 o'clock in 
the morning until 10 o'clock at night — during which the 10 hours 
of daily labor permissible by law may be performed. Early even- 
ing work is not curtailed, but the excessive overtime, extending 
as has been shown, until long after 10 p. m. is confined to more 
reasonable limits. The dangerous all night shift is prohibited. 

No legitimate industry will suffer from this measure, urgently 
needed to protect the health of the workers and to assist the 
factory inspectors in the difficult task of enforcement. 

No objections to the proposed measure have been received from 
any source although the bill has been widely distributed. On 
the contrary the purpose of the bill has been commended by 
physicians, by manufacturers and by all those having the best 
interests of the state at heart. 

In enacting the proposed bill, the state of New York will not 
be taking a new and untried step. It will be taking its place 
among the enlightened nations of the world, and will join the 
other three states, Massachusetts, Indiana, and Nebraska, which 
now provide by law a period of rest at night for working women. 



Repoet of Commission. 



213 



WOMEN'S WORK GENERALLY 

Seats 

The continual standing of women in factories and manufactur- 
ing establishments is one of the worst features of a large part 
of their work. Women are required to stand in candy factories, 
laundries, textile mills and printing shops for hours at a time 
and often for the entire day. The effects of continual standing 
upon the female organism are grave. Much of this standing is 
unnecessary. A great deal of the work could very readily be 
carried on in a sitting posture. We therefore recommend the 
following amendment to section 17 of the labor law: 

Where females are engaged in work which can he prop- 
erly performed in a sitting posture, suitable seats, with hacks 
where practicable, shall be supplied in every factory for the 
use of all such female employees and permitted to be used 
at such work. The industrial board may make rules and 
regulations prescribing the number and kind of seats that 
shall be provided and the u^e thereof,* 



Time Book 

The keeping of correct time books showing the hours of labor 
of women employees, is of considerable aid ,in the enforcement 
of the law. Since 1907 the New York law has required that 
under certain circumstances the employers shall keep a time book 
showing the hours worked daily by each woman employee. f 

Our investigations showed that such time books were not cor- 
rectly kept. In one cannery the Commission visited, the time 
books were so kept as to show an apparent compliance with the 
requirements of the Labor Law. All hours worked beyond the 

• Bill 16, Appendix I. 
t N. Y. Labor Law, Section 77, Subdivision 5. In a factory wherein, owing 
to the nature of the work, it is practically impossible to fix the hours of labor 
weekly in advance the commissioner of labor, upon a proper application stating 
facts showing the necessity therefor, shall grant a permit dispensing with the 
notice hereinbefore required, upon condition that the dally hours of labor be 
posted for the information of employees and that a time book in a form to be 
approved by him, giving the names and addresses of all female employees, and 
the hours worked by each in each day, shall be properly and correctly kept, and 
shall be exhibited to him or any of his subordinates promptly upon demand. 
Such permit shall be kept posted in such place In such factory as such com- 
missioner may prescribe, and may be revoked by such commissioner at any 
time for failure to post It or the dally hours of labor or to keep or exhibit such 
time book as herein provided. 



•^WW-r-^W 






1 ! 



214 



Report of Commission. 



legal 60 hours were separately and privately kept, and were not 
supposed to be seen by the factory inspectors. The Commission 
learned the real hours worked from what the employer at the 
hearing called, " The daily time sheets, or a sort of a cash book 
* * * that shows the total payroll for each week.'' Thus on 
the day that Mrs. D, according to the actual payroll or time 
sheets, worked 19% hours, her time was set down in the official 
time book as 8% hours. 

The following is from the testimony taken by the Commission 
at the cannery: 

" Q. Why does it appear in your time book, Mr. , 

that she only worked 8% hours on Wednesday when, as a 
matter of fact, your time sheet shows she worked 19% 
hours ? " 

With interesting frankness, the manager answered: 

" That is for the reason of keeping our record as near as 
possible to the sixty hours law. 

Q. That shows that you could only add S^/^ hours to what 
she had already done in the preceding three days to make 
up sixty hours for the week ? A. That is the idea." 

And again: 

" Q. These time sheets you have produced, Mr. , of 



July 10th, 11th, and 12th and 13th, those sheets show the 
actual number of hours of each one of the employees named 
therein who worked? A. Yes; that is all there is to it; 
that is all. 

Q. And the time book proper which you have shown me 
is an incorrect book. A. The time book proper shows they 
only worked 60 hours, and on that page shows the overtime. 

By Senator Wagner: 

Q. Purposely so arranged, wasn't it? A. It was; yes^ 
it was. 

Q. To show an apparent observance of the law; is that 
right ? A. That is the idea." 

• « « * « 

" Q. Don't you know you are breaking the law by that ? 
A. I admit it was an infringement of the strict meaning of 
that law, the intention of that law. 



Report of Commission. 



215 



Q. Wasn't it meant to fool the factory inspector ? A. Yes, 
it was." 

This striking example shows that the law should be amended 
80 that such false entries may be punishable by law. If the 
time book is to be of value in assisting the factory inspectors to 
enforce the law, it must be reliable and give the actual hours 
worked. 

We therefore recommend that the making of any false entries 
or statements in a time book kept pursuant to sub. 5 of Section 77 
(quoted, supra) ^ shall be punishable as a misdemeanor. 

Hours of Labor 

In investigating the conditions under which women work in the 
state, the Commission has found that the intensity of the work 
is ever increasing. The complexity of modem machinery, with 
the development of the system of paying by the piece, has added 
a special strain upon all workers who are forced to a tremendous 
speed. This strain is physical as well as nervous and an especial 
burden upon women, the large majority of whom are young and 
have not reached their maturity. 

How this strain is to be lightened and the most effective way 
is still a problem. The goal of working people themselves through- 
out the world is the eight-hour day. Eight hours is a daily period 
which many communities — city, state or national, as model em- 
ployers — set for the labor of adult men in their employ. It 
may not be feasible at this time to put this limit in practice for 
women in private employment, yet it is the recognized goal for 
ordinary industrial occupations. Even the eight-hour day in- 
volves, with the noon hour and the journey to and from work in 
most instances, ten hours' absence from home. The Commission 
believes, however, that the manufacturers of the state should be 
given an opportunity to readjust their work on the basis of the 
54-hour law before any further legislation is had. 









■».! 



I « 

r 



I 



t 






li 



i 



216 Report of Commission. 



VII. 
BAKERIES 

The Commission conducted in 1911 a special investigation into 
conditions in bakeries, the results of which are set forth in detail 
in Appendix III of the Commission's Preliminary Report. 

Under the supervision of Dr. George M. Price who was as- 
sisted by a corps of inspectors, 485 bakeries were inspected in 
Kew York City and Yonkers. 

Of the bakeries inspected 479 were cellar bakeries. In con- 
junction with the sanitary investigation the Commission engaged 
a staff of physicians who made physical examinations of 800 
bakers. 

In 1912 about 125 bakeries were inspected in different cities 
of the state. 

Genebal Conditions 

There are few industries so closely related to the public health 
as is that of bread making. This industry, therefore, should be 
carried on under the most sanitary conditions and with the 
highest regard for cleanliness. We were surprised by the results 
of the investigations conducted. 

In the majority of the bakeries, the walls, ceilings, and floors 
were unclean. In 109 of the bakeries inspected, toilets were 
immediately in the bakeshop, and eighty-six of these toilets were 
characterized by the inspectors as very " filthy.'' The utensils 
found in the bakeries such as vats, pans, and mixing-boards, 
were in a very dirty condition ; they invariably looked as if they 
had never been cleansed. The ventilation in most cases was 
poor, and the lighting inadequate. There were 171 bakeries 
which had no windows at all. 

In most of the bakeries no provision was made for the disposal 
of the street clothes of the bakers. Their clothing was placed 
upon tables and walls in close proximity to the bread and pastry 
products. Many bakers were found working in their ordinary 
clothes or underwear. Personal cleanliness of the bakers was the 
exception rather than the rule. The practice of sleeping in the 
bakeries was found to be very prevalent among the workers. 



Report of Commission. 



217 



The results of the physical examination of bakers were equally 
surprising. Of the 800 bakers, 19 were found suffering from 
tuberculosis (including suspected cases), 177 from bronchial dis- 
eases, 3 from venereal disease, and 45 from skin diseases. 

It is inconceivable that such conditions should be permitted 
to exist in an industry in which the public is so directly con- 
cerned. These filthy conditions are not only a menace to public 
health, but their existence is manifestly unfair to the proprietors 
of numerous other bakeries in which every effort is made to main- 
tain cleanliness and purity. It has well been said that a dirty 
bakery is a menace to the entire trade. 

The Extent of the Industry 

The bakery industry in New York State is an important one. 
The census of 1910 showed that in 1909 there were 2,962 bakeries 
in the state of New York employing 13,676 workers. That 
number has since then been increased considerably. Of these 
bakeries 2,498 were in New York City. 

Present Jurisdiction over Bakeries 

The Department of Labor by Article VIII of the labor law 
is given power to inspect bakeries and to enforce certain sanitary 
requirements therein. The sanitary codes in all of the larger 
cities of the state confer jurisdiction over bakeries expressly or 
by implication upon the local boards of health. The result is 
that we often have in one city, two departments, one a city de- 
partment and the other a state department exercising concurrent 
jurisdiction over conditions in bakeries. There is in this way 
a confusion of duties with the usual result — a shifting of re- 
sponsibility. This, in our opinion, accounts for many of the un- 
sanitary conditions that we found. There is no co-operation 
between these two departments in any city. Neither department 
is sufficiently equipped to make frequently a systematic inspection 
of the bakeries under its charge or promptly and effectively to 
enforce the prohibition of unclean and imsanitary conditions. 
The Department of Labor, working with an inadequate force of 
inspectors, can inspect a bakery only about once a year. 



Ic t 



218 









). 



Report of Commission. 
Proposed Change in Jurisdiction 



The cities of the^ first class of the state, New York, Buffalo, 
and Rochester, have well organized departments of health with 
special divisions for food inspection. Sole jurisdiction over 
bakeries, in our opinion, should be given to these departments and 
they alone should be held responsible for conditions in them. 

This change would in every case fix definitely in one department 
the responsibility for sanitary conditions in bakeries; that is, in 
the local departments of heath in cities of the first class and in 
the Department of Labor throughout the rest of the state. 

Arguments for making the local health department in cities 
of the first class solely responsible for conditions in bakeries are 
many. The change will obviate dual jurisdiction and dual re- 
sponsibility. It will do away with the double inspection that 
results so frequently in conflicting orders, and no results. The 
departments of health in the larger cities are already doing part 
of this work but have practically no responsibility. There is no 
reason why they should not do all of the ,work and be made 
strictly accountable for sanitary conditions. The Department of 
Labor relieved by this transfer of duties will then be able to de- 
vote all its energies to general factory inspection in those cities. 
Although the state department would still have jurisdiction over 
the safeguarding of machinery in bakeries and the employment 
of women and minors therein, its supervision would be confined 
mainly to the larger establishments which are very few in number. 
The law should specify for sanitary and structural conditions 
in bakeries the minimum requirements which the local depart- 
ments of health in cities of the first class must enforce, and should 
give to those cities power to incorporate detailed rules and regu- 
lations in their sanitary codes. 

Sanitary Certificate 

Having definitely fixed the responsibility for sanitary conditions 
in bakeries, in one department, we must then determine by what 
method conditions in bakeries can best be controlled by the re- 
sponsible authority. 

Experience has shown that conditions in establishments which 
are liable to become a public nuisance in one way or another can 



Report of Commission. 



219 



best be controlled if those establishments are required to obtain 
some kind of permit before they are allowed to operate. 

There are a number of industries to which the principle of 
state or municipal licensing has already been applied. These 
industries have features which make their control necessary in 
the interest of public health and safety. They are either danger- 
ous to life because of intrinsic perils in materials and processes, 
as for example in the manufacture of explosives, or they are such 
as may become a nuisance to neighbors, as ,in the keeping of 
stables, or they are occupations that bear directly on the public 
health, as is true of the plumbing trade, the dairy industry, and 
slaughter houses. 

In this class of licensed occupations the bread-making industry 
clearly belongs, for it is closely related to public health. To apply 
this principle to all of the bakeries in the state is the immediate 
step in remedial legislation. It is a public health measure for 
which the trade, the workers, and the entire public are ready, 
and which they are anxious to see an accomplished fact 

There has been much discussion as to what form the licensing 
should take and what name should be applied to a permit to 
allow a bakery to operate. Questions of form, however, are of 
very little consequence provided that the required results be 
obtained. 

We believe that the desired control over conditions in bakeries 
can be secured if a bakery before it is permitted to operate, shall 
be required to obtain a sanitary certificate, in cities of the first 
class from the local health department, and in the rest of the 
state from the Department of Labor. This sanitary certificate 
should be granted only after a thorough inspection showed that 
the bakeshop conformed in all respects to the requirements of the 
statute and to the rules and regulations adopted under it, and 
the certificate should be revoked in case of failure to observe these 
requirements. 

This recommendation meets with the approval of all of the 
employers and workers in the industry who appeared before the 
Commission. 



f 



220 



Repokt op Commission. 






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!! • 



Physical Examination of Bakers 

The necessity for a physical examination of those engaged at 
work in the baking industry is strikingly emphasized by the re- 
sults of the examination previously mentioned of 800 bakers 
made by the Commission. 

The following are cases taken from the records of the physical 
examination of bakers made for the Commission last December: 

Case 1, G. E. , Italian, 24 years of age; 6 years in 

the trade and is married. His general appearance is good 
but his personal cleanliness is poor ; had anemia in a marked 
degree. We found on his body a rash mostly due to scratch- 
ing. On careful examination we found that the rash was 
due to body lice. He had a slight bronchitis. 

Case 2, J. G. , Russian, baker 16 years. General 

appearance poor and cleanliness bad. His lungs on one side 
showed signs of tubercular infection. 

Case S. J. P , Italian, 28 years. General appear- 
ance fair, personal cleanliness poor. His skin showed what 
is commonly known as pimples and technically, acne. The 
acne extended all over the body and even on his arms, so 
that the part that necessarily makes the dough was also in- 
fected. An examination of this man's lungs revealed that he 
had an infection which looked very much to be tubercular, 
but a positive diagnosis could not be made. 

Case Jf. F. W , Austrian. In general, his appear- 
ance was anemic. An examination of his skin showed that 
he had eczema in patches on his arms and various parts of 
the body. 

The bakers handle the bread both before and after it is baked 
and the food product is therefore twice subject to contamination. 
It has furthermore been definitely determined that the baking 
process which is supposed to sterilize the product, does not neces- 
sarily destroy all the infectious agents in the bread. 

In the investigation made for the Lancet Commission in 
England,* numerous experiments are mentioned which show that 
the temperature which reaches the center of the baked loaves does 
not exceed 180 degrees and that pathogenic bacteria may not be 
destroyed, and that spore-bearing bacteria are certainly not de- 
stroyed. ' We can see no reason,'' say Drs. Waldo and Walsh, 



Report of Commission. 



221 



^\ 



*^ why the origin of so many mysterious septic invasions of the 
human body may not eventually be traced to the agency of in- 
fected bread," * * * " baking does not necessarily destroy 
the vitality of the micro-organisms contained in the dough."*f 

The Retail Bakers' Association of New York City, an organi- 
zation that has taken a most enlightened attitude on the subject, 
warmly approves any requirement that will keep from the baking 
industry anyone suffering from a communicable disease. We 
believe that no person suffering from tuberculosis, venereal 
disease, skin disease, or any other communicable disease should 
be permitted to work in a bakery. 

It is unwise, however, to make rigid specifications in the law 
as to this matter. We believe that it would be more effective to 
provide in the statute that no person suffering from any com- 
municable disease should be permitted to work in a bakery, leaving 
it to the local departments of health in the cities, of the first 
class and to the Department of Labor in the rest of the state to 
make detailed rules and regulations on the subject The term 
" communicable disease " is a very broad one, covering both in- 
fectious and contagious diseases, so that the proposed provision 
would result in excluding from the bakeshop any person whose 
health or physical condition was such as possibly to contaminate 
the food product. 

To aid in the enforcement of this law we recommend that 
whenever it is required by a medical inspector of the local de- 
partment of health, or of the State Department of Labor as 
the case may be, any bakery employee must submit to a physical 
examination by such inspector, and that no person refusing to be 
examined shall be permitted to continue work in any bakery. 
We believe this requirement to be necessary in the interests of 
the public health. 

Cellar Bakeries 

The majority of bakeries throughout the state are situated 
in cellars in tenements and other dwellings, or in buildings partly 
used for manufacturing purposes. The location of bakeries in 
cellars has been common throughout the world but within the 

London'^lS9^1890**^ Lancet Special CommJss?on on Bakeries and Bread Making, 
t F. J. Waldo and D. Walsh. Bread. Bakehouses and Bacteria, London, 1895. 



^ 






I 



222 



Report of Commission. 



, i 



!' I 



I i 



I • 



] 



last few years steps have been taken in foreign countries, 
especially in England, to bring about a prohibition of bread 
making in such places. In England new bakeries have for sev- 
eral years past been forbidden to occupy cellars. 

In Chicago there has been a very active campaign against the 
cellar bakery by the board of health with the result that by ordi- 
nance in that city no new bakeries are permitted to be located in 
cellars. In Buffalo too the board of health has been especially 
active, and by its own regulation has been instrumental in causing 
the use of cellars for bakeries to be discontinued. There are prac- 
tically no bakeries in cellars in that city to-day. 

Exceptionally bad conditions in the cellar bakeries in New York 
State were disclosed by the Commission's investigations. Most of 
the witnesses ascribed the bad sanitary conditions found in them 
to the fact that the bakeries were situated in cellars. 

A cellar is unfit both for the manufacture of food stuffs and for 
the habitation of workers. There can be no natural light under 
the most favorable conditions in a cellar. They are also very dif- 
ficult places to ventilate unless a mechanical system is installed, 
which is out of the question in the ordinary small bakery. The 
ovens and the heated atmosphere needed for dough raising, make 
it impossible for cellar bakeries to have a proper temperature. 
They cannot be kept as clean as other parts of the house for they 
are semi-dark, and contain most of the plumbing pipes and fix- 
tures. They are also the natural habitation of insects and rodents. 

Testimony was given by Raymond B. Fosdick, Commissioner of 
Accounts of the City of jN'ew York, that of the 145 cellar bakeries 
examined by him in 1911 in New York City, not one could be put 
in a sanitary condition and that this fact was due in each case to 
the situation of the bakery in a cellar without proper light and 
ventilation. 

^ That a cellar bakery is more difficult to keep clean than one 
situated above ground, is the testimony of every expert appearing 
before the Commission. The question propounded by several rep- 
resentatives of the master bakers, " If a person is unsanitary in a 
cellar bakery, is he not just as apt to be unsanitary in a bakery 
located above ground ? '' has been answered in the negative in 
every case. 



Repoet of Commission. 



223 



The complete correction of all these unsanitary conditions in 
cellar bakeries we do not believe possible by any system of inspec- 
tion to which the state or municipality can justly resort. The 
Commissioner of Health of the city of New York made the state- 
ment, in referring to these cellar bakeries : " I have not yet been 
shown that the bakers of the city can and will keep 
their bakeries in a sanitary condition." Nowhere in the 
United States or in foreign countries has it been proved that the 
cellar bakery can as a general rule be regularly maintained in a 
clean and sanitary condition. In Buffalo and many other cities 
of the state, in Chicago, and in England, it has been clearly shown 
that cellar bakeries cannot be adequately supervised and controlled 
by inspection. 

Nor yet would it be just to recommend the immediate prohibi- 
tion of all cellar bakeries now in existence. The hardship to 
proprietors of these bakeries and to the owners of buildings in 
which they are situated, through such legislation would obviously 
be too great. 



^ 



Prohibition of New Cellae Bakebies 

What, then, may be done to remedy these conditions that evi- 
dently are quite intolerable to all concerned for the public 
welfare ? 

The Commission is of the opinion that the most just and effec- 
tive legislation would (a) provide at once for all possible improve- 
ment of the sanitary conditions in existing cellar bakeries; and 
(h) prohibit the location of any new bakery in a cellar. 

The standards for proper sanitation of the bakeshop and for the 
cleanliness of its utensils should be raised in the case of existing 
cellar bakeries. Those able to comply with these requirements 
should be permitted to operate under close inspection. Those 
unable to comply should be closed at once in the interest of the 
public, of the employees and of the baking industry itself. 

To abolish cellar bakeries gradually, without inflicting too great 
hardship upon those engaged in the industry (a result that will 
be brought about if new bakeries are prohibited from locating in 
cellars), is not only practicable, but is imperatively demanded by 
the conditions that have been disclosed. This course of gradual 



" "V,." • — fc»— 



wy ^ 'W- ^jmm 



224 



Report of Commission. 






>? 



If 



1 






elimination should work hardship neither to the bakers nor to the 
owners of buildings in which cellar bakeries are now located. 
Buildings hereafter constructed, in which it is desired to maintain 
bakeries should have basements instead of cellars,— that is, the 
bakery should be more than one-half above the level of the street. 

There are undoubtedly a few cellars not now used as bakeries in 
which a sanitary bakery might well be established in the future, 
but these few cases are so rare as to be negligible, and should not be 
permitted to stand in the way of the enactment of legislation that 
is for the greatest good of the greatest number. 

Whenever it is sought to abolish a serious evil the plea is always 
made that it would work hardship on some individuals if the pro- 
posed change were made. This argument has been urged against 
every progressive step in civilization, and the same plea has been 
offered whenever any legislation has been introduced for the im- 
provement of conditions for the human race, from the time of the 
enactment of the first child labor law in England over a century 
ago,^ to the passage of the 54-hour law in this state at the last 
session of the legislature. But this apparent hardship to the few 
is inevitable in the march of progress. 

The , Commission therefore recommends that no new bakery 
shall hereafter be located in a cellar and that no sanitary 
certificate be issued .for any bakery so located hereafter. 
This prohibition should not apply, however, to any cel- 
lar used and operated as a bakery on the fifteenth day of 
January, 1913, or to any cellar so used or operated within a year 
prior thereto. 'No such cellar shall be entitled to this exemption 
unless satisfactory proof , of its use as a bakery as specified, is fur- 
nished to the local health department or to the Commissioner of 
Labor as the case may be, in such form as may be required within 
six months after this act shall take effect. Upon receipt of such 
proof the Commissioner of Labor or the local health department 
shall issue a certificate of exemption. 

Additional Minimum Requirements for Bakeshops 

Our attention has been called to a number of matters not now 
specified in the law dealing with sanitary conditions in bakeshops 



Report of Commission. 



225 



that should properly be included in it in order to bring about an 
improvement of conditions. Accordingly, we recommend the fol- 
lowing additions to sections 111 e^ seq, of the labor law: 

1. Mechanical means of ventilation when provided shall be 
effectively used and operated at all times during working hours. 

2. Windows and other openings in the bakery shall be provided 
with proper screens. 

3. All workmen and employees while engaged in the manu- 
facture and handling of bread shall wear slippers or shoes, and a 
suit of washable material which shall be used for that work only, 
and these garments shall be kept clean at all times. 

Sanitary Code foe Bakeries 

In addition to the minimum requirements contained in the 
statute, we recommend that the local health department in cities of 
the first class and the Industrial Board of the Department of Labor 
for the rest of the state shall also adopt detailed rules and regula- 
tions for the construction of bakeshops, their maintenance, the 
cleanliness of their utensils, and the health and personal cleanliness 
of the workers therein, to be formulated as a sanitary code for 
bakeries so that the master bakers may know just what is required 
of them and may not, as they are to-day, be in a position to plead 
ignorance of the law because of the vagueness and indefiniteness 
of many of its requirements. 

Summary 

We have outlined some of the evil conditions that were found 
by our investigators in the bakeries of the state. We do not wish, 
however, to give the impression that all or nearly all of the bakeries 
of this state are unsanitary. There are many men operating small 
bakeshops which are models of cleanliness. But unfortunately 
this is not generally true. 

We have recommended as changes which we believe will result 
in improved conditions, (a) that the jurisdiction over bakeries and 
responsibility for conditions therein be placed, in cities of the first 
class, in the local department of health, and for the rest of the 
state in the Department of Labor; (b) that every bakery be re- 

15 



I 



226 



Report of Commission. 



quired to obtain a sanitary certificate in order to operate ; (c) that 
the employment of diseased bakers be prohibited; (d) that new 
bakeries be prohibited from locating in cellars ; and (e) that cer- 
tain additions be made to the minimum requirements of the present 
bakery law; and (f) that sanitary codes for bakeries be enacted 
which shall specify in detail standards of cleanliness and 
sanitation.* 

After the responsibility for the enforcement of the law has been 
definitely fixed in one department, that department should be 
given, adequate means to perform its full duty. This duty should 
involve a thorough inspection of every bakeshop not less than once 
in every two weeks, and oftener when necessary. Nowhere is 
frequent, periodical, and efficient inspection more needed than in 
bakeries. 



♦ Bill 17. Appendix I. 



[ 



p 



Report of Commission. 



227 






VII. 

GENERAL SANITARY CONDITIONS 

The Commission conducted an extensive investigation of the 
general sanitary conditions under which manufacture is carried 
on throughout the state. In 1911, 1,838 establishments were 
inspected in which 63,374 wage earners were employed. In 
1912, 1,338 establishments were inspected in which 125,961 wage 
earners were employed. Altogether 3,176 establishments with 
189,335 employees were inspected. The investigation covered 45 
cities in the state and 88 industries. This list does not take into 
account the special investigations that were made in relation to 
canneries, lead poisoning, and wood alcohol. Particular attention 
was devoted to the following industries : clothing, textiles, metal, 
foods, furs, tobacco, printing, and chemical establishments. 

The following table shows the general scope of the sanitary 
investigations conducted in 1911 and 1912 : 

Industrial 

Clothing Establishments. Shops. Wage-Earners. 

TPxtHAM z1± ^23 2,822 

Metal JS ^^ 35.173 

Sil^^i 130 415 25,840 

?S?f • 729 1.123 15 447 

T^bScco .v.-.:::::::::::::::::::::::: Wi ^ iHS 

Printing . IS rS ^M^ 

Chemical Industry ! i.*: 127 S 5'?S 

Miscellaneous V, ^ l.m 5Um 

8.176 6,075 189.335 

The following general conditions were investigated : construc- 
tion of factories, safeguarding of machinery, light and illumina- 
tion, ventilation and heating, sanitary conveniences and comforts. 

General Hestjlts 

To the credit of New York State and its many enlightened 
manufacturers it may be said that the Commission found in vari- 
ous cities many industrial establishments, some of small size, 
which were models in all or in most respects. In these the work- 
ing conditions were excellent. Ample provision was made for the 
health and comfort of, the employees and a proper regard for their 






! 



228 



Report of Commission. 



safety was manifest. High standards of industrial efficiency were 
maintained in these establishments, and the owners in their de- 
sire to protect their employees went far beyond the minimum 
requirements of the labor law. These factories should serve 
as example for other manufacturers to follow. They are con- 
crete proofs that industrial efficiency, progress, and business 
success are not incompatible with a high regard for the health 
and comfort of the workers. 

The Commission found that more than half of the manufactur- 
ing establishments in the state were in a fair sanitary condition. 
The majority of the manufacturers have endeavored to obey the 
law. That they have occasionally failed to do so is largely due 
to the vague and indefinite requirements of many of our labor 
laws. Compulsory methods need not be used in the case of these 
employers. They are in accord with the general principles of 
the labor law and if any defective condition is brought to their 
attention they are willing to remedy it at once. What is needed 
in these cases is intelligent inspection, not from a " police " but 
from a friendly standpoint. 

The investigations, however, have also disclosed in this state 
a large number of industrial establishments where the general 
sanitary conditions under which manufacture is carried on are 
deplorable and where there is apparent disregard for the health 
and comfort of the employees. These manufacturers represent 
the old ^' laissez faire " attitude in our industrial life. They 
maintain, as some have stated openly at public hearings of the 
Commission, that the working conditions in their establishments 
are of no concern to anyone but themselves and that the state 
has no right to interfere with them in the conduct of their busi- 
ness. This class of manufacturers, who fortunately are in a 
small minority, must be shown that the health of the workers is 
of paramount importance to the state, which not only has the 
right but is bound to take measures that workers be properly 
safeguarded in the course of their employment. Manufacturers 
must be reminded of their duty by frequent inspections and 
prompt and eifective punishment of wilful disregard of any of the 
provisions of the statute. 



Report of Commission. 



229 



Unclean Workrooms 

The Commission found distinct improvement in the cleanliness 
of workrooms in factories throughout the state. The conditions 
that existed in 1911 led to the enactment of a law recommended 
by the Commission (sec. 95 of the labor law), giving the Com- 
missioner of Labor power to affix the unclean tag to articles 
manufactured in any workroom kept in an unclean and unsanitary 
condition. This new law has had a most salutary effect. Factory 
inspectors informed the Commission that they now get immediate 
results in attempting to remedy unclean conditions where for- 
merly they had to wait weeks and months. 

The Commission recommends that the present provisions of 
the labor law dealing, with cleanliness of workrooms and factory 
buildings be made more definite and certain, and submits bills 
for that purpose.* 

Light and Illumination 

The lack of proper light in our factories has long been recog- 
nized as a serious evil. Inadequate lighting in industrial es- 
tablishments affects not only the eyesight and general health of the 
workers, but it also impairs the efficiency of their work and is 
responsible for many of the accidents that occur every year in our 
factories. The enlightened employer recognizes that it is to his 
commercial interest to secure adequate illumination, because of 
the improved output and quality of work. 

There can be no hard and fast requirements, however, to 
regulate lighting in factories. The requirements for proper 
illumination must be adapted to the varying conditions of the 
different industries. In the present state "^of the science and art 
of illumination we believe that it would be impracticable to 
specify explicitly in any statute the precise methods of installa- 
tion, arrangement, and use of lights to secure the results desired. 
The language of the statute should be made broad enough to 
give the Industrial Board power to make rules and regulations 
for light and illumination, both natural and artificial in the dif- 
ferent industries. In formulating such rules the Industrial Board 
would have the power to call in illuminating engineers as experts 
and it could form voluntary committees of those interested in 
the subject. 



I 



• Bins 18. 10, Appendix I. 



)i. 






i( i 



)i 



■f 






230 



Report of Commission. 



We therefore recommend the following amendment to Sec. 
81 of the Labor Law;* 



ft 



All workrooms shall he properly and adequately lighted 
during working hours. Artificial illuminants in every work- 
room shall he installed, arranged and used so that the light 
furnished will, at all times, he sufficient and adequate for 
the work carried on therein, due regard heing given to the 
prevention of strain on the vision and glare in the eyes of 
the workers. The industrial hoard, pursuant to the pro- 
visions of this chapter, may make and from time to timet 
change or modify rules and regulations to provide adequate 
and sufficient natural and artificial lighting facilities in all 
factories." 

Ventilation 

In our preliminary report we emphasized the importance in 
factories of proper ventilation. Further investigation merely con- 
firms the total disregard of this subject in most of our factories. 
Nearly all of the factories inspected were found to rely solely on 
window ventilation. It is clear that such ventilation is inade- 
quate and in the majority of cases practically useless. 

We do not believe that it is practicable to lay down in the 
statute specific requirements for the general ventilation of fac- 
tories to be applied to all industries. Conditions in the different 
industries vary and, as in the case of illumination, we believe that 
the matter is one that should be left to the Industrial Board, to 
which should be given the power to make rules and regulations 
for proper ventilation of factories in the different industries.+ 

The subject of special ventilation for the removal of dust, gases, 
and fumes will be considered hereafter in the section of the 
report dealing with dangerous trades. 

Washing Facilities 

To secure more adequate washing facilities in factories wo 
would recommend the following amendment to subdivision two 
of section 88 of the labor law: 

" 2. In every factory there shall be provided and main- 
tained for the use of the employees suitable and convenient 

• Bill 22, Appendix I. 
t Bill 20, Appendix I. 






Report of Commission. 



231 



washrooms, separate for each sex, adequately equipped with 
[sinks and proper water service; 2jiA']washing facilities con- 
sisting of sinks or stationary basins provided with running 
water or with tanks holding an adequate supply of clean 
water. Every washroom shall be provided with means for 
artificial Ulumiruition and with adequate means of ventilation. 
All washrooms shall he constructed, lighted, ventilated, 
arranged and maintained according to rules aM regulations 
adopted with reference thereto by the industrial board.* 

Water Closet Accommodations 

No feature of industrial establishments is so neglected as the 
toilet accommodations. Their location in a large number of fac- 
tories is inaccessible. In many cases the toilets are located outside 
of the buildings and the employees to reach them are required to 
walk a considerable distance. This condition may in winter and 
inclement weather result in seriously affecting the health of the 
employees. 

In 186 of the establishments inspected the toilets were located 
in the yard. In some chemical establishments they were found 
at a distance of over 160 feet from the central portions of the 
establishments. In 795 shops the toilets were found in the halls, 
where, owing to this poor location, they are generally kept in an 
unsanitary condition. 

The type of water closet in use is usually fair although there 
are still many establishments in which the plumbing was foimd 
unfit for use. A number of privies, school sinks, and trough 
closets were found. In a certain shoddy mill that the Commis- 
sion visited we found that the owner, a member of the local board 
of health, had neglected to provide any water closets at all for 
his employees. The substitute for proper toilet accommodations 
in that establishment was a wooden barrel located in the sub-cellar. 
The light and ventilation of the toilet compartments were 
found to be inadequate; 26.4% of the water closets were found 
to have "poor light" and in 16.4% the light was reported as 
"bad;" 28% of the water closet compartments had poor ventila- 
tion and in 17.8% the ventilation was bad. 



• Bill 21, Appendix I. 



,f> 



•I 



I 



r 



I 



232 



Report of Commissioj^. 



Cleanliness of the water closet compartments was reported as 
" poor " in 34.2% and as " bad " in 19.2% of the cases. 

We found a number of water closet compartments located in 
the workroom proper with no window opening to the outer air 
and with no vent duct provided. In many of the factories visited, 
the number of water closets was entirely inadequate. We there- 
fore make the following provisions for water closets in factories 

to be incorporated in a new section, section eighty-eight-a of the 
labor law : * 

Sec. 88-a. Water closets. 1. In every factory there shall be 
provided suitable and convenient water closets separate for each 
sex, located in such number and in such place or places as re- 
quired by the rules and regulations of the Industrial Board. All 
water closets shall be maintained inside of the factory except 
where, in the opinion of the Commissioner of Labor, it is im- 
practicable to do so. 

2. There shall be separate water closet compartments for 
females, to be used by them exclusively, and notice to that effect 
shall be painted on the outside of such compartments. The en- 
trance to every water closet used by females shall be effectively 
screened by a partition or vestibule. Where water closets for 
males and females are in adjoining compartments, there shall be 
solid plastered or metal covered partitions between the compart- 
ments extending from the floor to the ceiling. Whenever any 
water closet compartments open directly into the workroom 
exposing the interior, they shall be screened from view by a 
partition or a vestibule. The use of curtains for screening pur- 
poses is .prohibited. 

3. The use of any form of trough water closet, latrine or 
school sink within the factory is prohibited. All such trough 
water closets, latrines or school sinks shall, before the first day 
of October, nineteen hundred and fourteen, be completely re- 
moved and the place where they were located properly disin- 
fected under the direction of the department of labor. Such 
appliances shall be replaced by proper individual water closets, 
placed in water closet compartments, all of which shall be con- 

• Bill 21. Appendix I. 



Report of Commission. 



233 



structed and installed in accordance with rules and regulations 
adopted by the industrial board. 

4. Every existing water closet and urinal inside the factory 
shall have a basin of enamelled iron or earthenware, and every 
such water closet and urinal shall be flushed from a separate 
water supplied cistern or through a flushometer valve connected in 
such manner as to keep the water supply of the factory free from 
contamination. The woodwork enclosing all water closet fixtures 
shall be removed from the front of the closet and the space under- 
neath the seat shall be left open. The floor or other surface 
beneath and around the closet shall be maintained in good order 
and repair, and all the woodwork shall be kept well painted with 
paint of a light color. All existing water closet compartments 
shall have windows leading to the outer air and shall be other- 
wise ventilated in accordance with the rules and regulations 
adopted for the purpose by the industrial board to the Depart- 
ment of Labor. Such compartments shall be provided with means 
for artificial illumination, and the enclosure of each compartment 
shall be kept free from all obscene writing or marking. 

6. All water closets, urinals, and water closet compartments 
hereafter installed in a factory, including those provided to re- 
place existing fixtures, shall be properly constructed, installed, 
ventilated, lighted and maintained in accordance with such rules 
and regulations as may be adopted by the industrial board. 

6. All water closet compartments, and the floors, walls, ceil- 
ings and surface thereof, and all fixtures therein, and all water 
closets and urinals shall at all times be kept and maintained in 
a clean and sanitary condition. Where the water supply to water 
closets or urinals is liable to freeze, the water closet compart- 
ment shall be properly heated so as to prevent freezing, or the 
supply and flush pipes, cisterns and traps and valves shall be 
effectively covered with wool felt or hair felt, or other adequate 
covering. 

7. All water closets shall be constructed, lighted, ventilated, 
arranged and maintained according to rules and regulations 
adopted with reference thereto by the industrial board. 



i 



4 



i 



234 



Report of Commission. 



Deessino Booms 



The provision of some private room for women is one of the 
essentials of decency in all occupations where women have to 
change their clothes, and becomes indispensable in case of sudden 
illness. Many of the dressing rooms that we inspected were 
small, dark, and badly ventilated. We recommend the follow- 
ing addition to subdivision three, section eighty-eight of the 
labor law:* 

In every factory in which more than ten women are em- 
ployed, there shall he 'provided one or more separate dress^ing 
rooms in such numbers as required by the rules a^d regula- 
tions of the industrial board and located in such place or 
places as required by such rules and regulations, having an 
adequate floor space in proportion to the number of em- 
ployees, to be fixed by the rules and regulations of the tn- 
dustrial board, but the floor space of every such dressing 
room shall in no event be less than sixty square feet; each 
dressing room shall be completely separated from any waier 
closet compartment and shall be provided with adequate 
means for artificial illumination; ea^h dressing room shall 
be provided with suitable means for hanging clothes and with 
a suitable number of seats. All dressing rooms shall he 
enclosed by means of solid partitions or walls, and shall he 
constructed, ventilated, lighted a/id maintained in accordance 
unth such rules and reg^ilations as may he adopted by the 
industrial board with reference thereto. 



• Bill 21. Appendix I. 



l 



Repoet of Commission. 



235 



IX. 



ACCIDENT PREVENTION 

The table attached of accidents reported to the Labor Depart- 
ment for the year ending September 30, 1912, emphasizes more 
forcibly than words how much remains to be accomplished by 
the State, in what is perhaps the most important branch of fac- 
tory regulation, — the prevention of industrial accidents.* 

•Accidents in the chemical industry will be referred to in the next section 
of tha r«port. 



ki 






236 



Report of Commission. 



JRepoet of Commission. 



237 



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There were 50,752 accidents reported to the Department of 
Labor in one year for factories alone, 167 resulting in death, and 
the rest of a more or less serious nature involving loss of time and 
often permanent injury. Besides these there are many accidents 
occurring in factories every year that are never reported to the 
Department of Labor. 

How cruel and unnecessary is this yearly waste of human life 
is clearly demonstrated by experts on the subject, who show that 
not less than one-third of all the accidents that occur in factories 
to-day could be avoided if simple, and for the most part inex- 
pensive precautions were taken. 

The entire subject of accident prevention was thoroughly dis- 
cussed by the Employers' Liability Commission of this state in its 
report to the legislature on April 20, 1911. We shall, therefore, 
confine ourselves to a number of recommendations for improve- 
ments in the existing law, the necessity for which was called to 
our attention at public hearings and private conferences. These 
recommendations have practically all received the approval of 
manufacturers, representatives of labor organizations, and others 
interested in the subject who, appeared before the Commission. 

Recommended Changes in Existing Law foe the Safe- 
guarding OF Machineey 

Every dangerous part of a prime mover whether in motion or 
not shall be securely safeguarded. 

All hydro-extractors shall be covered or otherwise properly 
guarded when in motion. 

All saws shall be provided with a proper and effective guard. 

All planers or surfacers shall be protected by a substantial hood 
or covering. 

All hand planers or jointers shall be provided with a proper 
and effective guard. 

All cogs and gearing shall be boxed or encased either with metal 
or wood. 

All belting within seven feet of the floor shall be properly 
guarded. , 

All revolving shafting within seven feet of the floors shall be 
protected on its exposed surface by being encased in such maimer 



^1 



ir 



I 



238 



Report of Commission. 



as effectively to prevent any part of the body, hair, or clothing of 
the operators or other persons from coming in contact with such 
shafting. 

All set-screws, keys, bolts, and all parts projecting beyond the 
surface of revolving shafting shall be countersunk or provided 
with suitable covering, and machinery of every description shall 
be properly guarded and provided with proper safety appliances 
or devices. 

All machines, machinery, apparatus, furniture, and fixtures 
shall be so placed and guarded in relation to one another as to be 
safe for all persons employed thereabouts. 

Lighting of Passageways and Moving Parts of Machinery 

Inadequate lighting of passageways in factories and of danger- 
ous moving parts of machinery is a frequent cause of accident. 
We therefore recommend that all passageways and other portions 
of a factory, and all moving parts of machinery unless properly 
and sufficiently guarded, on which or about which persons work 
or pass or may have to work or pass in emergencies shall be kept 
properly and sufficiently lighted during working hours. 

Industrial Boakd to Make Rules and Regulations 

In addition to the foregoing minimum requirements to be speci- 
fied in the law itself we recommend that the Industrial Board be 
given the power to make rules and regulations to govern the instal- 
lation, position, operation, guarding, and use of machines, and 
machinery in operation in factories; the furnishing and use of 
safety devices and safety appliances for machines and machinery, 
of special clothing and of guards to be worn upon the person ; and 
for any other purpose in order to provide for the prevention of 
accidents in factories. 

In the field of accident prevention the Industrial Board must 
necessarily play a most important role. There can be no hard 
and fast legal requirements for the safeguarding of machinery. 
Each industry has its peculiar problems. The Industrial Board, 
acting as we have previously outlined in this report, would have 
the power to make the requirements for the safeguarding of ma- 
chinery flexible and elastic, so that they might be adapted to the 



Report of Commission. 



239 



varying conditions in the different industries, and the new types 
of machines and machinery that are constantly being installed. 
The method of safeguarding a machine would no longer be left 
to the whim and caprice of an individual inspector. There woidd 
be uniformity of requirements. The manufacturer would know 
exactly what to do to protect his machinery and the inspector 
would know definitely what requirements he had the right to in- 
sist upon.* 

Elevators 

A great many elevator accidents occur in factories every year. 
In the period from 1907 to 1910 the following elevator accidents 
were reported to the Department of Labor: 

Falling down stairs 200 Killed 43 

Factory elevator accidents 1,108 " 



106 



1,308 



149 



The present provisions of the law relating to elevators and 
elevator shafts are entirely inadequate. We therefore make the 
following recommendations for the substantial enclosure of hatch- 
ways used for freight and passenger elevator purposes, for the 
protection of employees operating freight elevators, for the en- 
closure of passenger elevator cars, and for the lighting of all open- 
ings leading to elevators. 

§ 79. 1. Inclosure of shafts. Every hoistwa^, hatchway or 
well-hole used for carrying passengers or employees, or for freight 
elevators, hoisting or other purpose, shall he protected on all sides 
at each floor including the basement hy substantial vertical in- 
closures. All openings in such inclosures shall be provided with 
self-closing gates not less than six feet high or with properly 
constructed sliding doors. In the case of elevators used for ca^ry 
ing passengers or employees, such inclosures shall be flush with the 
hatchway and shall extend from floor to ceiling on every open side 
of the car and on every other side shall be at least six feet high, 
and such inclosures shall be free from fixed obstructions on every 
openi side of the car. In the case of freight elevators the irir 

• For detailed recommendations on this subject, see Bill 22, Appendix L 



t 



I 1 . 



240 



Report of Commission. 



Report of Commission. 



f 



closures shall he flush with the houtway on every open side of the 
car. In place of the inclosures herein required for freight ele- 
vators, every hatchway used for freight elevator purposes may he 
provided with trap doors so constructed as to form a substantial 
floor surface when closed and so arranged as to open and close hy 
the ofition of the car in its passage hoth ascending and descending; 
provided that in addition to such trap doors, the hatchway shall 
he adequately protected on all sides at all floors, including the 
hasement, hy a suhstantial railing or other vertical inclosure at 
leofit three feet in height, 

2, Guarding of elevators and hoistways. All counter-weights 
of every elevator shall he adequately protected hy proper inclosures 
at the top and hottom of the run. The car of all elevators used 
for carrying passengers or employees shall he mihstantially en- 
closed on all sides, including the top, and such cars shall at all 
times he properly lighted, artificial illuminants to he provided and 
used when necessary. The entire top of every freight elevator 
car or platform shall he provided with a suhstantial grating or 
covering for the protection of the operator thereof, 

S, Elevators and hoistways in factory huildings hereafter 
erected. The provisions of suhdivisions one and two of this section 
shall apply only to factory huildings heretofore erected. In all 
factory huildings hereafter erected every elevator and every pari 
thereof and all machinery connected therewith and every hoistway, 
hatchway and well-hole shall he so constructed, guarded, equipped, 
maintained and operated as to he safe for all persons using the 
same, 

4. Maintenance of elevators and hoistways in all factory huild- 
ings. In every factory huilding heretofore erected or hereafter 
erected, all inclosures, doors and gates of hoistways, hatchways 
or well-holes, and all elevators therein used for the carrying of 
passengers or employees or freight and the gates and doors thereof 
shall at all times he kept in good repair and in a safe condition. 
All openings leading to elevators shall he kept well lighted ajt all 
times during working hours, with artificial illumination when 
necessary. The cahle gearing and other apparatus of elevators 
used for carrying passengers or employees or freight shall he kept 
in a safe condition. 



241 



S, Powers of industrial hoard. The industrial hoard shall 
have power to make rules and regulations 'not inconsistent with 
the provisions of this chapter regulating the construction, guard- 
ing, equipment, maintenance and operation of elevators and all 
parts thereof and all machinery connected therewith and hoist- 
ways, hatchways and well-holes in order to carry out the purpose 
and intention of this section.* 

Enforcement of Law 

The mere enactment of better laws, and the mere formulation 
of rules and regulations will not, however, solve the important 
problem of safety in our factories. We must have an intelligent 
and efficient administration of those laws and regulations. This 
involves not only their prompt and effective enforcement but the 
education of manufacturer and employee to an understanding of 
the benefits to be derived from compliance with the law and the 
encouragement of a higher standard of safety than any law can 
create. 

Our inspectors have, for the most part, been woefully in- 
efficient in the enforcement of the law relating to the safeguard- 
ing of machinery. In our inspections of factories in different 
cities of the state we found any number of cases of unguarded 
dangerous machines and machinery. The inspectors when they 
enter the service are not trained technical men, and until very 
recently there has been no safety expert in the Department of 
Labor to give the field inspectors the benefit of his knowledge 
and experience. 

We believe that the recommendations we have previously made 
for an increase in the number of inspectors, for the grading and 
increased salaries of inspectors, for the creation of two inspection 
districts in the state, and for the formulation of definite rules 
and regulations by the Industrial Board will soon bring about a 
marked improvement in the enforcement of this branch of the 
law. 

We urge that after inspectors have entered the department, 
they receive detailed instruction from time to time in the prin- 
ciples of the safeguarding of ma chinery, from the mechanical cn- 

• Bill 23, Appendix I. 
16 



242 



Repobt op Commission. 



gineer of the department in the form of lectures, illustrated 
bulletins, and manuals. 

Education of Employee and Employee 

Education more than anything else will bring about the desired 
results in this field. The true fimction of the Department of 
Labor in this most important branch of its work should be that 
of teacher and guide. It should certainly not be limited to that 
of police ofiicer. Bulletins should be issued for distribution 
among the manufacturers and employees showing the methods of 
safeguarding machinery and illustrating the different safety de- 
vices and appliances. Reports of serious accidents, their causes 
and methods of prevention should be sent out from time to time. 

We do not wish to underestimate the value of complete and 
accurate statistics, but statistics in themselves are of little value 
to the average manufacturer. He wants those statistics inter- 
preted for him, preferably in the form of concrete cases. Manu- 
facturers and employees should be encouraged to make to the 
Department of Labor suggestions for the safeguarding of ma- 
chinery and these suggestions should be incorporated in the de- 
partment's bulletin. The experts of the department may very 
easily in the course of their visits to difTerent cities give lectures 
on accident prevention and safety devices, and be consulted by 
manufacturers. 

The department should make it clear that the prevention of 
accidents is not only a humanitarian instinct but is a sound busi- 
ness method. It pays both employer and employee in dollars 
and cents. 

There is a great deal for the department to do in this branch 
of its activities. The people of the state in return for the in- 
creased facilities they have given the department will demand 
immediate results in the matter of the prevention of industrial ac- 
cidents and we hope that the department will prove equal to the 
task 

Workmen's Compensation Law 

We have made no special study of this subject but we feel 
that the report of any commission which has investigated general 
factory conditions is not complete without a strong and earnest 



Report op Commission. 



243 



plea for the enactment of a proper and just workmen's com- 
pensation law, that will place the burden of an industrial ac- 
cident on the industry as represented by the employer rather 
than on the unfortunate victim of the industry, and that will 
provide just and fair compensation to workers or their families 
for death or injury caused by accident in the course of em- 
ployment 



( 



2^ Keport of Commission. 



X. 

DANGEEOUS TRADES 

One of the most important industrial problems of the day is the 
protection of factory workers from industrial poisoning and occu- 
pational diseases. There are in many industries specific dangers 
connected with the trade which create certain pathological condi- 
tions to which much of the ill-health and premature death of 
workers are due. Investigations made in European countries show 
the large variety and number of diseases directly attributable to 
occupational hazards. 

From the beginning of its inquiry the Commission has made a 
special study of industrial poisoning. In 1911 an investigation 
was made into lead and arsenic poisoning in New York City in 
which one hundred cases of lead poisoning were described and their 
origin in nearly every instance traced to industrial establishments. 
As a result of this investigation the Commission submitted to the 
last legislature a bill providing for hot and cold water washing 
facilities where poisonous substances were used or generated in the 
process of manufacture, prohibiting the eating of meals in work- 
rooms in which such poisonous substances were generated, and pro- 
viding for separate lunch rooms in such establishments. This bill 
was passed and has become a law. 

In 1912 the Commission conducted the following investigations: 

1. General conditions in the chemical industry. 

2. Dangers to workers in the manufacture and use of com- 
mercial acids. 

3. Further study of lead poisoning in various up-state 
factories. 

4. The production, refining and use of wood alcohol and its 
dangers. 

5. Study of diseases of the ear and upper respiratorv tract 
among workers in the ostrich feather, fur, and cordage industries. 






Report of Commission. 



The Chemical Industry 



245 



The investigations in the chemical industry covered 142 estab- 
lishments in which there were 359 separate factories, and in which 
11,087 wage earners were employed. 

In no other industry are perils to the body and dangers to the 
health of the workers so many, so insidious, and so deadly as in the 
chemical industry. The workers come in direct, close, and daily 
contact with lead, arsenic, mercury, phosphorus, and other power- 
ful poisons. Injurious gases and harmful fumes are generated in 
many of the various processes. Irritating dusts, excessively high 
temperatures and burning or spurting liquids are to be found in 
most of the factories. Yet there is hardly an industry in the 
United States in which there is less protection to the health and 
welfare of the workers. In European countries the chemical 
industry is carefully regulated. There they have special rules 
and regulations for the control of working conditions in the indus- 
try that are designed to safeguard the lives of the workers ; but 
in this country we are just awakening to the dangers of this 
industry and to the necessity for resorting to every possible safe 
guard to protect the lives of the workers in it. 

The general sanitary conditions in the establishments inspected 
were found to be poor. The washing facilities were inadequate, 
toilets unclean, and in many cases located a considerable distance 
from the factory building proper. 

The special dangers to the workers found in the chemical trade 
may be summed up as follows: Gases, fumes, poisonous dusts, 
and accidental injuries. Where in other trades a poisonous in- 
gredient is used occasionally and poisonous gas and fumes are 
generated at intervals, in the chemical trade they are regularly 
present in most of the working processes. 

In no other industry is a knowledge of the poisonous substances 
which are handled, so necessary to the worker; but in no other 
industry is the ignorance of the worker as to the character of daily 
substances with which he works, so complete. 

Constant contact with dangerous elements in the trade and daily 
familiarity with them breeds a consequent conteirfpt on tKe part of 
the employers and workers, and a recklessness and carelessness 



!J 



I 






lb 

IS 



246 



Report of Commission. 



which result yearly in countless numbers of cases of disease, acci- 
dent, and death. 

Repeatedly our inspectors found men handling poisonous ma- 
terials such as paris green and carbonate of lead with less thought 
than if these dangerous substances were sand or flour. In some 
of the factories visited, although the faces and clothes of the 
workers and all exposed parts of their bodies were thickly covered 
with poisonous dusts or colors, they took not the least precaution 
against ingesting or inhaling these materials. In one plant that 
manufactured paris green, workers were found handling and pack- 
ing this poisonous material, some without gloves and all without 
respirators. The manufacture of bleaches and bleach powders is 
fraught with many dangers to the workers, but it is without anv 
official supervision or protection of the workers. The English 
alkali act makes special and detailed provisions for the control of 
this industry and the protection of its workers ; the amount of free 
chlorine gas in the air of the bleach chamber, the time a worker 
may stay therein and many other details of this branch of the trade 
are minutely described and the strictest supervision is maintained. 

Dust 

Dusty processes are common to many industries and the dangers 
of dust as a predisposing cause to tuberculosis and other respira- 
tory diseases are not confined to the chemical trade. The prob- 
lem of dust elimination is one of the most important in industrial 
hygiene. The dust in chemical works is especially dangerous, 
owing to the fact that it is mostly of mineral origin ; it is often 
poisonous and produces not only the irritating effects of ordinary 
dusts but also the toxic effects of the poison. In almost all 
chemical establishments a profusion of dust is created in the vari- 
ous grinding and packing departments. 

The Commission personally visited one of the principal car- 
borundum factories in the state. Although the manufacture of 
carborundum is not strictly a chemical process, the dust in some 
of the rooms was so great as to hide even the form of the workers 
from view.* 



•Since the visit of the Commission this plant has Installed a ventilating 
system at the cost of several thousands of dollars. 



Report of Commission. 



247 



Temperature 

In many of the chemical establishments, extremely high temper- 
atures are created and the furnaces are in constant use. The work 
in front of the furnaces and at short distances from them is, there- 
fore, very exhausting. The temperature in one place near the 
furnace was said by the superintendent of the factory to be be- 
tween 120° and 140° F., and the heat and glare were so over- 
powering that the men had to kneel and stoop and hold something 
over their eyes in order to continue their work. 



CoMMEEciAx Acids 

Under the direction of Dr. Charles F. McKenna a special 
study was made for the Commission of the dangers to workers 
in the manufacture and use of commercial acids. The general 
conditions in acid works were examined and the manufacture of 
the principal acids such as sulphuric, nitric, acetic, hydrochloric, 
hydrofluoric, and hydrocyanic was investigated. 

The manufacture of acids is associated in the mind of the gen- 
eral public with notions of great hazard to life and health. This 
idea is due largely to the mystery surrounding the processes and 
substances involved. In many acid works the conditions and 
often the substances themselves are incapable of causing serious 
dangers or producing any special disease. Yet it is true that 
this industry when viewed generally presents hazards for its 
workmen which are terrifying and unnecessarily numerous. 
Workmen in these trades are still to-day too lightly exposed to 
danger, too carelessly supervised, and hence, far too often injured. 
Particularly is this true where the influences are insidious and 
noticeable only as the result of careful observation. In these 
situations, occupational diseases come slowly but none the less 
surely. 

Classified statistics in the chemical industries furnishing data to 
expose the hygienic state of acid works, are entirely wanting. 
Mortality from insidious cases cannot be traced. Accidents are 
not all reported and investigations of reported cases are rarely 
made, and, if made, do not find their way into the public printed 
records. 



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248 



Repoet of Commission. 



Accidents 



In tills state there are no special regulations for the chemical 
trades, with their peculiar hazards. The result is that the acci- 
dent rate in this industry is much greater in New York State than 
in England, Germany, and France. Most of these accidents are 
the result of carelessness. It is almost impossible to go into any 
acid plant without finding that risks exist from half-ooncealed 
openings, unguarded stairways, slippery floors, uncovered and im- 
properly guarded vats, improperly supported conduits used for 
carrying corrosive liquids. A striking example was witnessed by 
the Commission while inspecting a manufactory of caustic potash. 
Liquid caustic was being sent through several sections of a shal- 
low, iron trough, these sections being supported by several wooden 
blocks at the junctions. The process was carried on in a dimly 
lighted place. The workmen frequently passed under the trough 
without any thought apparently that the dislodgment of one of 
these blocks might mean instant death by downpour of the burn- 
ing liquid. The man in charge, when asked why this was per- 
mitted, simply shrugged his shoulders and said that the men knew 
that it was dangerous — so he made no eifort to stop them. 

Lead Poisoning 

The investigation of lead poisoning commenced in 1911 was 
supplemented in 1912 by a study of conditions in up-state plants 
in which lead was used in the process of manufacture, by Dr. 
Charles T. Graham-Rogers of the Department of Labor. 

Dr. Rogers' investigations showed that there was the same lack 
of precautions to prevent lead poisoning as had been found in 
New York City. In a number of plants which the Commission 
inspected, practically no precautions were taken to prevent this 
disease. In a large lead battery plant most of the workers in the 
foundry were seen handling the lead without gloves or other pro- 
tection from the dust. Among the workers were a number of 
boys between 16 and 18 years. Upon inquiry they asserted that 
they had received no instructions as to the dangers involved. There 
was no hot water for washing the hands, nor any special lunch 
room for their use. One pot in which lead was being heated was 
without any hood and discharged its poisonous fumes into the 



Heport of Commission. 



249 



workroom. Many cases of acute and chronic lead poisoning were 
traced to this plant by our investigators. 

Lead poisoning can be prevented in nearly every case if very 
simple precautions are taken to guard against the disease. Yet 
case after case of lead poisoning has been called to the attention 
of the Commission due to a disregard of the most elementary 
principles of personal hygiene. 

Dr. Rogers in his report has made some valuable suggestions for 
requirements in industries in which lead is prepared or used. We 
do not believe, however, that it is advisable to incorporate these in 
a statute but recommend that they be used by the Industrial Board 
as the basis of detailed and comprehensive rules and regulations 
for the prevention of lead poisoning in the various affected 
industries. 

Wood Alcohol 

The steadily increasing number of cases of poisoning by wood 
alcohol reported in recent years made it advisable for the Com- 
mission to investigate the conditions under which wood alcohol is 
prepared, refined, and used in different industries and the dangers 
to which workers coming in contact with it in its different forms 
are subjected. 

There are two main aspects of the wood alcohol problem. 

1. The drinking of wood alcohol and its use in liquors, ex- 
tracts, and drugs. 

2. The inhalation of its vapors when it is prepared and refined 
and used in various processes in different industries, and the in- 
halation of its fumes in varnish preparations. 

With the first aspect of the problem this Commission is not 
directly concerned. The only solution of it is the education of 
the public to a fuller appreciation of the dangers involved in the 
use of wood alcohol in any form for internal purposes and the 
more effective enforcement of the present provisions of the law 
prohibiting the use of wood alcohol in any food, flavoring, extract, 
or liquid capable of being used in whole or in part as a beverage or 

internally as a medicine (Sec. 201 of the Agricultural Law of 

N. Y.). 



■ I 



i! 



i! 



'•'i 

n 



'\ 



I f 



'If 
?! 






r ( 



250 



Report of Commission. 



The Commission is deeply interested, however, in the second as- 
pect of the problem, t. e., the danger of wood alcohol in industry. 
Within the past year four deaths and four cases of blindness have 
been reported to the state labor department caused by the inhala- 
tion of wood alcohol fumes from varnish used to shellac the interior 
of beer vats and for coating lead pencils. 

Scope of the Commissions Investigation 

The investigation into this subject was carried on under the 
direction of Dr. Charles Baskerville, Professor of Chemistry of 
The College of the City of New York, who rendered his services 
without compensation and whose detailed and comprehensive re- 
port is set forth in Appendix VI. 

Forty-five establishments were inspected covering three general 
types: (1) Those in which crude wood alcohol is produced by the 
destructive distillation of wood. (2) Those in which the crude 
product is refined. (3) Those in which wood alcohol is used gen- 
erally as a solvent. 

The dangers to the workmen engaged either in the production 
or refinement of crude wood alcohol are not very great. Many of 
the processes are carried on in closed chambers and proper ventila- 
tion is invariably provided. In such establishments the dangers 
are clearly recognized and are guarded against. 

Wood alcohol is used also in different forms and quantities in a 
large number of industries, the most important being the manu- 
facture of hats, electrical apparatus, furniture, pianos, organs, and 
in the painting industry. 

The workers in many places where wood alcohol was used were 
found to be affected with eye trouble, headaches, and affections of 
the skin. 

The dangers to the workers are due to exposure to the vapor of 
the alcohol and to constant contact of the liquid with the skin. 
Such dangers are not inherent in the nature of the processes in- 
volved and could be avoided by the application of comparatively 
simple precautionary methods. Through neglect and indifference 
and in many cases because of ignorance of the injurious effects of 
wood alcohol no precautions are taken to protect the workers from 
its toxic influences. 



Repoet of Commission. 



251 



Girls are employed in processes in which wood alcohol is used 
and it is essential that they be properly protected from these in- 
jurious effects. Practically all of the dangers connected with the 
use of wood alcohol in industry could be obviated by the provi- 
sion and maintenance of ample ventilation and by giving instruc- 
tions to the workers of the dangers connected with its use. 

Recommendations 

Laws for the protection of workers in dangerous trades, and for 
the prevention of industrial poisoning and diseases should be 
drawn recognizing that conditions in the industries affected are 
constantly changing, that long-settled practices are being 
abandoned and new processes and new substances are constantly 
coming into use. 

A state legislature can hardly be expected to take up and 
thoroughly test at each session the new problems of the year in 
the hygienic control of dangerous trades. The conditions in 
many industries vary so greatly and the factors affecting the 
health and safety of the workers are so dissimilar not only in these 
industries, but in different parts of the same establishment that 
no general laws can be enacted which would be applicable to 
all industries and all establishments and which would cover 
adequately the many elements of danger and hazardous processes 
in them. Each industry and each process must be studied 
separately in order to determine its danger. Any law enacted on 
this subject should be general in application and the Industrial 
Board should be empowered to make specific rules and regula- 
tions. Great Britain has adopted this plan successfully. The 
Industrial Board would have the power to consult experts and to 
form voluntary committees. Very soon a comprehensive set of 
rules and regulations covering dangerous trades and the preven- 
tion of occupational diseases would be enacted which could be 
augmented or modified as conditions required. 

The division of industrial hygiene and the section of medical 
inspection recommended in the first portion of this report will make 
the necessary technical inspections in these trades and as a result 
of their investigations, will be able to submit to the Industrial 
Board recommendations for rules and regulations to be adopted 
for the protection of the health and safety of the workers. 



I 

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252 



Repokt of Commission. 



Industrial Board to Make Rules and Regulations for Dangerous 

Trades 

We recommend therefore the enactment of the following law : 

§ 97. Dangerous trades. Whenever the industrial board 
shall find, as a result of its investigations, that any industry, 
trade or occupation by reason of the nature of the materials 
used therein or the products thereof or by reason of the 
methods or processes or machinery or apparatus employed 
therein or by reason of any other matter or thing connected 
with such industry, trade or occupation, contains such 
elements of danger to the lives, health or safety of persons 
employed therein as to require special regulation for the 
protection of such persons, said board shall have power to 
make such special rules and regulations as it may deem 
necessary to guard against such elements of danger by es- 
tablishing requirements as to temperature, humidity, the re- 
moval of dusts, gases or fumes and requiring licenses to be 
applied for and issued by the commissioner of labor as a con- 
dition of carrying on any such industry, trade or occupation 
and requiring medical inspection and supervision of persons 
employed and applying for employment and by other 
appropriate means.* 

This proposed bill would give the Industrial Board full power 
over the licensing of dangerous trades, the medical supervision of 
the employees, the removal of dust, gases, and fumes and would 
enable the board to make special rules and regulations based upon 
expert investigation and opinion, for the different industries 
involved. 

Special Ventilation 

The importance of special ventilation in these industries can 
hardly be overestimated. Ample provision should be made at all 
times for the removal of dust, gases, and fumes injurious to the 
health of the workers so as to prevent their inhalation by the 
workers. We therefore recommend that the following subdivi- 
sions be added to section eighty-six of the labor law: 

2. If dust, gases, fumes, vapors, fibers or other impurities 
are generated or released in the course of the business carried 



• Bill 24, Appendix I. 



Repokt of Commission. 



253 



on in any workroom of a factory, in quantities tending to 
injure the health of the operatives, the person, persons, com- 
pany or corporation operating the factory, whether as owner 
or lessee of the whole or of a part of the building in which 
the same is situated, or otherwise, shall provide suction de- 
vices that shall remove said impurities from the workroom, 
of, their point of origin where practicable, by means of proper 
hoods connected to conduits and exhaust fans of sufficient 
capacity to remove such impurities, and such fans shall be 
kept running constantly while such impurities are being 
generated or released. If, owing to the nature of the manu- 
facturing process carried on in a factory workroom, exces- 
sive heat be created therein the person or persons operating 
the factory as aforesaid shall provide, maintain, use apid 
operate such special means or appliances as may be required 
to reduce such excessive heat, 

3. The industrial board shall have power to make rules 
mnd regulations not inconsistent with the provisions of this 
chapter regulating ventilation, temperature and humidity in 
factories and the special means, if any, required for removing 
impurities or for reducing excessive heat, and the machinery, 
apparatus or appliances to be used for any of said purposes, 
and the construction, equipment, maintenance and operation 
thereof in order to effectuate the purposes of this section* 



Covering of Yats 

For the prevention of accidents due to uncovered and unguarded 
vats we recommend that the following provision be inserted in 
§ 81 of the labor law: 

" Every vat and pan wherever set so that the opening or 
top thereof is at a lower level than the elbow of the operator 
or operators at work apout the same shall be protected by a 
cover which shall be maintained over the same while in use 
in such manner as to effectually prevent such operators or 
other persons falling therein or coming in contact therewith, 
except that where it is necessary to remove such cover while 
any such vat or pan is in use, such vat or pan shall be pro- 
tected by an adequate railing around the same/'-f 



• Bill 20, Appendix I. 
t Bill 22, Appendix I. 



254 



Repobt of CoMMissioir. 



Labeling of Containers of Wood Alcohol 

We recommend an amendment to the public health law to the 
effect that all bottles or vessels used for transporting or selling 
products containing wood alcohol shall be required to bear a prom- 
inent display label stating that they contain poison and calling 
attention to the danger of working with the material without 
ample ventilation.* 

Educational Work 

The opportunities for educational work in this field are un- 
limited. In most cases the employees and in very many cases 
the employers are ignorant of the dangers involved in their in- 
dustries. The Department of Labor should issue bulletins calling 
attention to the injurious elements in an industry and the precau- 
tions to be taken to guard against them. Such bulletins should be 
printed in the language of the employees and distributed among 
them. 



* Bill 27. Appendix I. 



Report of Commission. 



XI. 



255 



FOUNDRIES AND EMPLOYMENT OF WOMEN IN 

CORE ROOMS 

FOUNDRIES 

The necessity for marked improvement in sanitary conditions 
in the iron, steel, and brass foundries of the state is unquestioned. 
The occupation is an arduous one. The workers are subjected in 
the course of the day to extremes of temperature. They are con- 
stantly exposed to the inhalation of mineral and metallic dust. 
The result is that the workers in this industry are peculiarly 
susceptible to all forms of respiratory diseases, kidney trouble, 
and rheumatism. 

There are no official vital statistics of foundry workers in this 
country. The recorded industrial insurance mortality statistics 
show, however, an excessive mortality rate from consumption 
among foundry workers, which becomes marked between the ages 
of twenty-five and thirty-four, — a time when the workers are 
in the very prime of life. Moreover, the liability to accident in 
a foundry is great. 

The statistical data available, considered in conjunction with 
careful observation of working conditions, show that employment 
in this industry is more or less injurious to health. All reasonable 
measures calculated to promote greater safety and health for em- 
ployees in foundries should not only be insisted upon by the state, 
but should be welcomed by the foundry owners themselves. 

Legislation for the improvement of conditions in foundries is 
not special or class legislation. We have on the statute books 
to-day special requirements for bakeries, laundries, mercantile 
establishments, and places where poisonous materials are used in 
the process of manufacture. 

A foundry is in many respects imlike the ordinary factory. It 
presents different conditions for which special provision should 
be made. 

The measures to be enacted for the improvement of working 
conditions in foundries have received the Commission's careful 



m 



256 



Eeport op Commission. 



f 



consideration. We visited a number of foundries and took the tes- 
timony of foundry owners and representatives of molders' organ- 
izations in the different cities of the state in which we held public 
hearings. Some of the employees in foundries testified before 
the Commission in executive session. The Commission then incor- 
porated in a tentative bill the recommendations that had been 
received from different sources and copies of the proposed bill 
were sent to foundry owners and representatives of molders' or- 
ganizations throughout the state for their suggestions and 
criticisms. 

On ^N'ovember 25th, 1912, a public hearing was held in Albany 
to consider the proposed foundry bill and to receive suggestions 
for remedial legislation from all those interested. The hearing 
was largely attended. The Commissioner of the National Foimd- 
ers' Association appeared not only on behalf of the seventy-eight 
members of his organization in the state of New York, but as the 
authorized representative of a large number of other foundry 
owners in the state who did not belong to that organization. There 
were also present about twenty foundry owners and the same 
number of representatives of molders' unions. 

We were impressed by the attitude taken by the foundry owners 
as a whole, concerning the advantages of improvement in work- 
ing conditions in their establishments. The Commissioner of the 
National Association of Founders said: 

" I have been devoting considerable of my time in endeav- 
oring to get the foundry owners throughout the country to 
bring about better working conditions which go far beyond 
anything you have suggested in these measures * * ♦ It 
is a business proposition cutting out the philanthropy and all 
that sort of thing." 

A very conservative foundry owner who was present stated : 

I 

" We believe the most efficiency is obtained by men who 
are surrounded by good conditions and who are in well heated 
rooms free from gas, dust, and smoke, and furnished with 
water, good washing and bathing facilities." 

These statements reflect a new attitude on the part of manu- 
factui-ers that is everywhere appearing in the state of New York, 



Report of Commission. 



257 



and one that is full of promise for the future. We have care- 
fully considered all of the suggestions and criticisms that were 
made at the hearings in Albany and in other cities of the state 
and as a result submit the following recommendations. 

Heatixo of Foundries axd Prevention of Drafts 

In a great many of the foundries no provision is made for 
heating the foundry in cold weather. The result is that the 
worker is subjected to extremes of temperature and is exposed 
to cold often while in a perspiring condition. 

Anyone who has ever been in a foundry will recognize the ne- 
cessity for the requirement that entrances to the foundry shall 
be so constructed and maintained as to minimize drafts. Doors 
should be kept vestibuled so that cold outer air will not blow 
upon the overheated molder. 

It is recommended, therefore, that all foundries shall be prop- 
erly and sufficiently heated during cold Aveather and that en- 
trances to foundries shall be so constructed and maintained as to 
minimize drafts and that all windows therein shall be maintained 
in proper condition and repair. 

Proper Ventilation 

From the nature of the business there must be smoke and dust 
and gases in a foundry. This fact only emphasizes, however, 
the necessity for a prompt and effective removal of these dele- 
terious substances. Where necessary, a forced system of ventila- 
tion with exhaust fans of sufficient capacity and power should 
be required. 

Conditions so far as ventilation is concerned can never be ideal 
in a foundry, but every possible precaution should be taken to 
minimize the danger from dust which, as statistics show, renders 
the foundry worker very susceptible to pulmonary troubles. 

The milling and cleaning of castings in a foundry will be con- 
sidered later in this report. 

17 



258 



Report of Commission. 






They are 



Measures to Prevent Accidents 

Accidents in foundries are of frequent occurrence, 
caused mainly by the following conditions: 

1. Inadequate lighting. 

2. Narrow and obstructed gangways. 

During casting time when the molder is carrying the ladles of 
heated molten lead these narrow and obstructed gangways con- 
stitute an element of special danger and are the cause of many 
serious bums. 

3. Defective ladles, tongs, chains, and other lifting devices. 

For the prevention of accidents the Commission therefore makes 
the following recommendations: 

1. All foundries shall be properly lighted during working hours. 

2. The gangways in foundries shall be constructed and main- 
tained of sufficient width to make the use thereof by employees 
reasonably safe, and such gangways during the progress of cast- 
ing shall not be obstructed in any way. 

3. The flasks, molding machines, ladles, cranes, and apparatus 
for transporting molten metal in foundries shall be maintained 
in proper condition and repair. 

Washing Facilities 

Workers in foundries are exposed to a great deal of dust The 
cores and molds are made of sand and after a day's toil, health 
and decency require that the worker be afforded every oppor- 
tunity to cleanse himself and to change his working clothes. 

Although recognizing the advisability of having adequate wash- 
ing facilities in a foundry, many foundry owners have called 
attention to the fact that installation of these often involves 
useless expense, because the men will not use them. In some 
cases this is undoubtedly true, but it will often be found that 
the failure to use the washing facilities is due to the fact that 
those furnished are inadequate or that they are placed in remote 
or inaccessible parts of the building. Sometimes they consist of 
troughs to be used by the workmen in common, an arrangement 



Report of Commission. 



259 



that is plainly objectionable and not conducive to habits of clean- 
hness. But simply because some workers will not use the wash- 
ing facilities is no reason for saying that they should not be 
supplied. The workers should be encouraged to use them by the 
manufacturer and by the factory inspector. The education of 
the worker will soon bring him to an understanding of the bene- 
fits coming from habits of personal cleanliness. 

Special requirements for washing facilities, it was felt, should 
not apply to small foundries in which less than ten persons are 
employed, since the expense of their installation in such cases 
would practically be prohibitive. These small foundries are, 
however, subject to the general requirements of the factorv law 

Passageways to Outside Water Closets 

In many foundries the water closets are some distance from 
the foundries, and the workers, in order to use them, are obliged 
to go out in the cold and often inclement weather while they are 
perspiring and overheated. 

The Commissioner of Labor ' testified before the Commission : 

" I have never been in a foundry yet where the men do not 
perspire rather freely and it is a very serious thing to require 
these men to go out into the open air while in the heat of 
their worL The condition of their bodies is such as to make 
it very hazardous to go out into the open air, though they 
cover themselves with a coat." 

The workers in such cases should be protected against the 
elements. Where water closets or privy accommodations are 
permitted by the Commissioner of Labor to remain outside of the 
foundry, the passageway leading from the foundry to the water 
closets should be so protected and constructed that the employees 
in passing back and forth should not be exposed to the outdoor 
atmosphere, and the water closets themselves should be properly 
heated during cold weather. 

Milling and Cleaning of Castings 

The foregoing requirements were practically all approved by 
the foundry owners as a whole. The tentative biU contained 



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260 



Report of Commission. 



a provision that the milling and cleaning of castings should be 
done in rooms that were not used for any other purpose. To 
this requirement serious objections were offered. It was asserted 
that in many cases this would require a substantial change in 
structural conditions and that the requirement would work hard- 
ship, particularly where the foundry owner had provided a sys- 
tem of tumbling mills for the cleaning of castings, with a con- 
necting exhaust system. It was also asserted that it would be 
impossible to clean large castings in a separate room. 

Devices such as canvas curtains, and temporary partitions 
were called to the attention of the Commission as easy and 
inexpensive means of complying with the requirement. We 
believe, tlierefore, that no hard and fast rule should be made 
and that in a great many cases a mandatory requiremeut for the 
milling and cleaning of castings in a separate room irrespective 
of conditions, would work unnecessary hardship. 

The matter should be left to the Industrial Board to make 
rules and regulations that would meet the varying conditions in 
different foundries. We wish to emphasize, however, the neces- 
sity for providing every possible device for the removal of dust 
during the cleaning process, so as to prevent its inhalation by 
the worker. The constant inhalation of this dust is a predispos- 
ing cause to tuberculosis and accounts to a great degree for the 
high death rate in that disease among foundry workers.* 

EMPLOYMENT OF WOMEl^ IN CORE ROOMS 

There are about 300 women employed in core rooms of foimd- 
ries in this state. They have been drawn into the industry to 
talvc the place of boys under eighteen who had previously done 
this work and in some cases they have supplanted men also. The 
work that the women do at present is limited to the making of 
small cores. The women stand for the most part all day long. 
Although seats are provided they are rarely used because the 
work is not adapted to a sitting posture. 

The core makers are exposed to dust, both metallic and min- 
eral. The core ovens are generally located in the same room 
in which the women make the cores. The heat from the ovens is 

• Bill 25, Appendix I. 



Report of Commission. 



261 



enervating and the women inhale the core gas which arises from 
the ovens and the baked cores. 

Even where there are exhaust systems over the ovens, consider- 
able gas escapes into the room as the Commission noticed in one 
of the foimdries visited. Core gas irritates the mucous mem- 
branes of the eyes, nose, throat, and bronchial passages, and 
causes nausea and headache. 

The cores are placed in the ovens by men. In some places 
they are carried to the ovens, from the place in which they are 
made, by the women. In others, men or boys do this carrying. 

The wages that women receive are on an average about $8 
a week. Most of these women are piece workers. It was testified 
that men would receive almost three times as much for the work. 

There are no satisfactory vital statistics for women core 
makers. No official statistics exist, but very limited industrial 
insurance statistics show an excessive death rate from consump- 
tion among core makers between fifteen and forty-four years 
of age. 

The injurious effects of the work are minimized because of 
the fact that the women do not as general rule continue to work 
in the industry for more than four or five years. 

Most of the women are of foreign birth though a fair num- 
ber, principally in the smaller cities, are American. According 
to the testimony given by the foundry owners, women are em- 
ployed on small cores, because first, it is difficult to secure the 
services of boys for that purpose; and second, the women are 
handier, more skillful, and more regular in their work on small 
cores. 

Foundry no Place for Women 

The foundry is no place for women. The work is arduous and 
the surroundings are bad. We believe that it would have be^n 
far better if women had never been originally allowed to enter 
this employment. 

There are to-day, however, about 'three hundred women earn- 
ing a livelihood from this work upon which they are dependent 
for their support. Many of these have appealed to the Commis- 
sion not to deprive them of what they, in small country towns, 
consider their only means of earning a living. 



262 



Report of Commission. 






We cannot sav that work in a core room as such, is under all 
circumstances and conditions absolutely detrimental to a woman's 
health. Although we should like to see this work stopped, and 
believe that its suppression would be beneficial to the race, and 
although we know that such a course of action would in no way 
injure the foundry industry of the state, nevertheless we cannot 
at this time recommend an entire prohibition of work that would 
result in throwing the three hundred women now in the industry 
out of employment. We believe that work by women in core 
rooms should be strictly confined to its present limits, and should 
be gradually eliminated. It should be discouraged and ulti- 
mately suppressed. Every obstacle should be thrown in the way 
of its increase and expansion. 

For the present, the law should require this work by women 
to be done under the most sanitarv conditions. No woman should 
be permitted to make cores in the same room in which coree 
are made by men. No woman should be permitted to make cores 
in the same room^in which the core oven is located. The parti- 
tion separating the room in which the women are employed from 
the core oven should be a substantial structure extending to the 
ceiling and the openings in the partition should be so arranged 
as to prevent any gas from the ovens from escaping into the 
room in which the women work. 

The Industrial Board should be given the power to regulate 
the size of the cores that women shall be permitted to make and 
the weights that they shall be permitted to carry, anr^l generally 
to make rules and regulations to safeguard the health of the 
women in this employment. If it is impracticable, as aome of 
the foundry owners have testified, to separate the room in wh'cb 
the women are employed from the core oven by a substantial 
partition, so as prevent the core-gas from escaping into the room 
in which the women work, these owners should cease to employ 
women in work never intended for them. We have no sympathy 
for the foundry owner who appeared before us and said tliat 
so far as work in the core room was concerned, there should be 
no distinction as to sex. 

In this enlightened age very few will be deceived by any such 
fallacy. Nature itself has made the distinction which the 



Report of Commission. 



263 



foundry owner has said should not be made. Instincts of chivalry 
and decency as well as concern for the preservation of the race, 
demand that we should not permit women to engage in work 
detrimental to their health, that overtaxes their strength, and 
impairs their vitality as wives and mothers. 

The Commission has received descriptions of the abuses that 
the employment of women in core rooms has led to in other 
states. We have been told that the cores on which women orig- 
inally began to work were of a small size but that to-day the 
women are making cores with a rammer and the size of these 
cores is such that they have to be hoisted by a derrick. 

We believe if our recommendations are carried into effect and 
are enforced in the spirit which we intend, that not only will the 
work by women in the core rooms be confined to what it is to-day 
and that too under improved sanitary conditions, but that in a 
few years such work will be completely done away with. 

We have gone into the matter very fully because we believe 
that our views on this subject represent the sentiment of the 
times. We believe that these opinions are shared generally by 
the people of the state who do not wish to see their women em- 
ployed at manual labor in foundries. 

We recommend that such work be restricted, and that where 
it does take place, it be conducted under the most sanitary con- 
ditions. We hope that ultimately, with the co-operation of 
enlightened foimdry owners, it will be entirely done away with. 

We therefore make the following recommendations for reme- 
dial legislation:* 

1. The prohibition of the employment of women and men core 
makers in the same room. 

2. The prohibition of the employment of women at making 
cores in the same room in which the core ovens are located. 

3. Authority to the Industrial Board to make rules and regu- 
lations governing the size of the cores that women shall be per- 
mitted to make, and the weights that they shall carry. 

4. Authority to the Industrial Board to make rules and regu- 
lations generally that shall safeguard the health of the women 
employed in the core rooms. 



• Bill 26, Appendix I. 



V 






264 



Repobt of Commission. 



Report of Commission. 



265 



1 
f i 



f\ 



XIT. 



EMPLOYMENT OF WOMEN AND CHILDREN IN 
MERCANTILE ESTABLISHMENTS 

When the Commission was continued bj the legislature in 
1912, its powers were broadened to include an investigation of 
mercantile establishments. Attention had been drawn to the 
fact that thousands of women and children were employed in 
these establishments and that no study had been made by the 
state of their conditions of labor. The Commission therefore 
undertook a special inquiry into the department stores and five 
and ten cent stores of the state, which was carried on during 
the months of November and December, 1912. Four investi- 
gators were engaged in the field work. Practically all depart- 
ment stores employing ten or more women and children were 
covered in Greater New York, and as far as possible in Biiffalo 
and Rochester, and in the six cities of the second class : Yonkers, 
Albany, Troy, Utica, Syracuse, and Schenectady. Owing to the 
need of limiting the study to stores employing at least ten per- 
sons, a very large number of small neighborhood stores with 
fewer than ten employees was necessarily omitted. 

Two hundred and sixteen (216) establishments in all, were 
inspected. They vary in size from the largest New York City 
department stores each employing several thousand employees to 
the chain of small five and ten-cent stores which extends across 
the whole state. One-third of the entire number of establish- 
ments visited were five and ten-cent stores. Most of these em- 
ploy less than fifty persons and none have more than two hun- 
dred (200) employees. The department stores proper have a 
far larger labor force under their roofs; thirty employ more 
than five himdred (500) persons, eighteen have over one thousand 
(1,000) employees, and nine have over two thousand (2,000). 



Number of Stores and Number of Employees 

Department Stores. Five and Ten-Cent. Stores. Grand 

New York. Up State. Total. New York. Up State. Total. Total. 

No. of stores 83 6B5 145 48 23 71 216 

No. of employees 47,280 12,278 59,558 1,195 964 2,159 61,717 

No. of women 29,067 7,583 36,650 980 755 1,735 38,385 

No. of children 2,665 1,070 3,725 17 4 21 3,746 

Percentage of total em- 
ployees: 

Women 61.5 oi.8 61.5 82 78.3 80.3 62.2 

Children 5.G 8.7 6.3 1.4 .4 1.0 6.1 

The total number of workers concerned in both groups is far 
greater than the number of establishments would lead one to 
expect, for it amounts to the significant figure of 61,717. The 
women number 38,385 or 62%, and the children number only 
3,746 or 6% of the total. Since these figures were collected 
during the " rush " season before Christmas, they represent 
approximately the maximum number employed in these estab- 
lishments at any time of the year. 

On account of the short time available and the wide field of 
the inquiry it was necessary to confine this brief investigation to 
a few specific points. They were, in general: 1. Physical con- 
ditions of work; 2. Length of hours; 3. Wages and earnings. 
It should be noted that a large majority of the employees — 
68% — were women and children. It was therefore appropri- 
ate that this preliminary investigation should concern itself 
exclusively with them. By limiting the study to this scope, we 
have been able to collect information immediately concerning 
the physical welfare of over 40,000 workers. 

Unfortunately these cannot be enumerated according to their 
ages. The children (14 to 16 years) form a class by themselves. 
But the records of most of the stores do not enable us to classify 
the female employees above 16 years of age, even to differentiate 
those below from those above 21 years of age. It is known, however, 
from other sources that workers in department stores are very 
young. The United States Census of 1900 states that "three-fifths 
of the total number of saleswomen 16 years of age and over are 
under 25 years of age." These data were collected in 1900, over 
a decade ago, and the figures of the last census are not yet pub- 
lished. In the present inquiry time did not suffice to make a 
detailed enumeration of all female employees by age oroups. 
But there is every reason to believe that the same large oropor- 
tion of youthful workers still persists. 



\ 



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266 



Keport op Commission. 



The Orgaxization of the Department Store 

The organization of the modern department store is highly 
complex. No inquiries were made as to the store officials such 
as managers, buyers, etc. According to a rough classification, the 
rank and file of the women and children employees were, /or 
the purpose of our inquiry, subdivided into five classes: 1. The 
saleswomen and floor help (including floor cashiers and wrap- 
pers) ; 2. Oflice and audit help; 3. Stock girls; 4. Packers and 
shippers; 5. Mail order clerks. 

Number and Per cent of Women and Children According 

TO Departments 

No. % of all women 

1. Saleswomen 24,234 66. 1 

2. Office help 5,757 15.7 

3. Stock girls 4,386 12. 

4. Packers and Shippers 1,382 3 . 8 

5. Mail Order Clerks 891 2.4 



Total in Department Stores.... 36,650 100. 



Although these subdivisions may not be sharply defined in 
every store, for all practical purposes they correspond to the 
divisions of the work. 

The largest percentage, 66% of all women employed, are sales- 
women. The offifce help is next in numbers, namely, 16%. It 
includes audit girls, bookkeepers and cashiers, also the pneu- 
matic tube girls who act as change makers. The stock girls con- 
stitute 12%. They bring stock to the counters and keep it in 
order. They are later advanced to be saleswomen. The packers 
and shippers make up nearly 4% of all women employed. There 
are only 2% of mail order clerks. 

The proportion of children, 6% of all employees, is decreas- 
ing from year to year owing to the introduction of mechanical 
substitutes, such as the pneumatic tube systems. Nearly half of 
the stores employ no children at all, but they are still retained 
in some of the largest stores for messenger service and the like. 
Eleven stores were found to employ more than one hundred 
(100) children each. 



Report of Commission. 



267 



Conditions of Work 

The girl who works in a department store has, in some respects, 
more attention paid to her physical welfare than any other class 
of employees. In the large establishments of the first-class cities, 
for instance, the sanitary conveniences, such as toilets and wash- 
rooms, are generally clean, adequate and kept in good repair. 
Our inspectors reported that 85% in all stores were in excellent or 
fair condition. Lunch and recreation rooms are supplied, and, 
besides medical care, a hospital room in charge of a nurse is often 
provided, where the girls are treated free of charge. 

But such expensive care is given only to the employees of 
the largest establishments. The women and children in the 
smaller stores are not so well provided. 

Merchants realize that any illness or even physical discomfort 
interferes at once with the efficiency of a saleswoman. It is 
therefore to their interest to supply these women with as comfort- 
able surroundings as possible. Though these provisions are 
made, the physical and nervous strain of the work is often over- 
looked or minimized. Rest rooms, medical care, and other elab- 
orate welfare features can at best only repair the damage done 
in the course of the work. They should not obscure the need 
for avoiding rather than relieving the effects of the fundamental 
hardships of the occupation. 

Employment in a department store is commonly supposed to 
be light and easy work compared with that in a factory. But 
according to the workers themselves it is far more exhausting 
than seems to be the case. The girl behind the counter is sub- 
jected to peculiar strain ; she must always be neat in appearance 
and on her best behavior; she is always on duty and has to pre- 
serve an even temper in meeting the tastes and whims of cus- 
tomers of all kinds. 

Long hours of standing, close attention to customers, and poor 
ventilation are characteristic of the occupation for the main bpdy 
of employees, the saleswomen. Constant standing is the greatest 
hardship. A saleswoman has to be on her feet practically the 
whole day. She is able to sit down for only a few moments at 
infrequent intervals. In the busiest hours of the day, in the 
rush season preceding Christmas, and whenever special sales 



4 



li 



268 



Report of Commission. 



i 



are held, there is ahuost no opportunity to rest. In fact, the 
testimony of many girls proves that on some days they are unable 
to sit down at all. 

When a girl works behind a counter, she can occasionally lean 
against the stock case for rest. But the girl who stands at an 
aisle counter or at a table, must endure the continued strain prac- 
tically imrelieved all day. Almost without exception they com- 
plain of the extreme discomfort and fatigue that results from 
continuous standing. Swollen and aching feet and broken arches 
result. The pain at times is acute and reaches up to the thighs. 

Evidence published in the brief in defense of the Illinois 10 
hour law (in the Supreme Court of the State of Illinois: People 
vs. Elerding, Feb., 1912) regulating the employment of women 
in department stores quotes physicians whose practice brought 
them in contact with girls and women employed as saleswomen. 
They are unanimous in the opinion that long hours of standing 
are unquestionably injurious to the female organs and reproduc- 
tive system. Moreover the effect on young and physically unde- 
veloped girls is even more serious than on older women, for 
injuries to these organs during girlhood may affect a woman 
for the rest of her life. 

The consensus of opinion seems to be that " It has a very 
grave effect upon the generative organs of women, entailing a 
great deal of suffering and also injuring a very large body of 
them permanently. * * * It is the prolonged hours and not 
being allowed to sit down." (Appendix to brief, p. 27). 

The question naturally arises whether the mercantile law does 
not provide a remedy in that it requires one seat for every three 
women employed. The law is usually obeyed and seats or stools 
are provided in the correct proportion. But in practice the law 
is almost useless. The use of the seats is for the most part for- 
bidden either by unwritten law or by explicit directions from 
floorwalkers or managers. Even if the use of seats is permitted 
in the rush seasons the girls have literally no time to sit down. 
Then, too, a girl who is placed at an aisle counter or at a table 
may have no seat accessible, her third of a seat may be behind a 
neighboring counter; or again, if an aisle manager sees that a 
girl has leisure to sit down, he will move her to another busier 
counter in order to make better use of her time. 



Repobt of Commission. 



269 



There is, of course, no doubt that the employer must be free 
to use his employees where they are needed. The points at issue 
are whether it is not for the best interest of both alike to avoid 
the over-fatigue and consequent inefficiency that comes to an em- 
ployee from standing too long; and whether "reliefs" at cer- 
tain definite hours, for each individual are not as essential to 
the welfare of saleswomen as, for instance, of telephone opera- 
tors. In most stores girls can obtain permission from the aisle 
manager to leave their counters for ten or fifteen minutes in 
the morning and in the afternoon. But during rush seasons 
permission is often given grudgingly or not at all, and it is 
understood that a girl must go back to her counter at the first 
possible moment. In no store was any system of " reliefs " 
described to our investigators which was invariably followed. 

Aside from the physical injuries due to constant standing, 
saleswomen are subjected to unquestionable nervous strain. The 
rush and speeding of factory work has often been described, but 
little notice has been given to the tax upon the attention and 
watchfulness of the saleswomen. They are compelled to work 
with rapidity and accuracy. When there is a string of impatient 
customers, they sometimes wait on three persons at the same time. 

The saleswoman is required not only to handle goods, but 
also to do accurate clerical work at each purchase and to handle 
money whenever cash sales are made. In case of error, no mat- 
ter what the rush of work, the loss is usually deducted from her 
earnings. She must be constantly alert to avoid such " dockings." 

Another hardship is the bad air in most department stores 
due to defective ventilation. Complaints are frequent even from 
the shopping public, who remain within the store only a few 
hours at most. The proper ventilation of rooms holding such 
masses of people, oft«n thousands at a time, is admittedly a 
complex engineering problem, comparable in difficulty only to 
the ventilation of schools and theatres. 

The vitiated air has a depressing effect upon the employees. 
Especially in basements the failure to provide enough fresh air 
is unmistakable even without scientific tests of the quality of 
the air. Though fresh air is pumped into some basements from 
shafts reaching to the roof, it is often not distributed evenly 
throughout the basement, and certain parts of the room may be 






'I i 



i 






I 



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V 
■i 



270 



Report of Commission. 



entirely uuaifected. Again basements are ventilated by openings 
at the street level and the dust and dirt from the thoroughl'are 
sift down into the store. The goods which are sold in the base- 
ment are usually of such a kind, (kitchenware, china, hardware, 
etc.) that they are not injured by the dust. But it is injurious 
to human beings who in addition are obliged to spend their day- 
light hours wholly in artificially iUuminated basements. In our 
inquiry we found that 5,409 persons were working in basements, 
543 persons in sub-basements. Incidently it may be remarked 
that although these premises are by courtesy called basements, 
they are entirely below street level and therefore really cellars. 

Hours of Work 

AU the hardships of the conditions of work are intensified 
by long hours of toil. The injury caused by standing, for in- 
stance, is more than proportionately increased by overtime work 
that is frequently prolonged beyond the normal working day 
by 2 to 4 extra hours. 

In the discussion of hours which follows, no extreme or exag- 
gerated instances are quoted. No isolated cases of overtime have 
been selected for special mention. The data on hours refer 
either to the whole store or to certain specified departments of 
the store. By omitting inspections of small neighborhood stores, 
we have reason to believe that the most extreme overtime has 
not been detected. For it is in the stores where only a few 
women are employed that the demands on their time are greatest. 
On the other hand, overtime in large stores brings strain to a 
far larger number of persons. Employment in the huge depart- 
ment stores is in itself more taxing on account of the contact 
with multitudes of people. 

Of the 216 establishments investigated, only 35 closed through- 
out the year at 6 p. m. or shortly thereafter. These .included 
most of the large department stores in New York City The 
usual hours of labor that prevail, except for special rush seasons 
are not excessive. Of the 27,212 women employees, approxi- 
mately one-half worked less than 54 hours and one-half less than 
57 hours. However, it will later be shown that at certain sea- 
sons of the year the hours of all these workers are much length- 
ened by overtime. 



- 1 



Report of Commission. 



271 



Number of women working in 216 stores according to weekly 

hours of work. 

stores close at 6 P. M. 
Number Stores 50-64 hrs. 54-57 hrs. 57-60 hrs. Over 60 hrs. Total 

86 13.802 13.410 27.212 

Stores close after 6 P. M. 
Ml 2,750 3,577 4,732 U4 11,173 

216 38.385 

Of the 181 stores, which were regularly kept open after 6 p. m., 
100 were open only one night a week, usually on Saturday; 54 
were open 2 nights a week and 27 were open, to the public 3 to 
6 nights a week. Moreover, women employed in such night 
work were not dismissed until at, least 9 p. m. and in a majority 
of establishments not until 10 or 11 p. m. on Saturdays. These 
late closing hours are usual in the five. and ten cent stores, and 
prevail ,also in the regular department stores outside of New 
York City. In fact, of the stores investigated there are only 
two outside New York City that habitually close at 6 p. m. 

Number of women working in 181 stores which are open after 

6 p, m. on Saturday nights. 

Closingr Weekly Hours of Work. Total No. 

« X ,¥^^^-, 50 to 54 hrs. 54 to 57 hrs. 57 to 60 hrs. Over 60 hrs. Women. 

9 to 10 p. M 1,877 826 23 2.726 

IP^JOIIP^M 873 2.724 4,632 89 8,318 

After 11 p. M 27 77 25 129 

2.750 3,577 4,732 114 11,173 

A glance at the table above reveals the large proportion of 
women who work until a very late hour on one night a week, 
generally Saturday. 

Ten hours a day or 60 hours a week are the legal hours for 
women under 21 years employed in stores. The law, however, 
is inoperative for six days preceding Christmas, and in conse- 
quence at that time many stores keep their doors open long past 
the usual closing hour. To meet the great demands of the Christ- 
mas trade, the merchants greatly increase their labor supply, but 
only in a comparatively few instances do they institute regular 
shifts of employees, who replace each other at stated hours. 

In the course of this inquiry the amount of overtime required 
at Christmas could be ascertained in New York City stores alone. 



\ 



272 



Report of Commission. 



i'l 






In sixty-six large department stores the employees worked the 
following hours during the 6 days preceding Christmas (Dec. 18 
to 24, excluding Sunday). 

In 16 stores there was no overtime (i. e., store closed at 6 P. M.), or a double 

was employed. 
In 3 stores the hours were from 60-65. 
In 5 stores the hours were from 65-70. 
In 4 stores the hours were from 70-75. 
In 20 stores the hours were from 75-80. 
In 18 stores the hours were from 80-85. 

66 



These are actual working hours as the time off for luncheon 
and supper has been deducted. In addition to these excessive 
hours during the week, girls in certain departments worked also 
on Sunday, December 22nd, varying from 5 to 8 hours. 

In 28 five and ten cent stores the hours (from Dec. 18 to 24) 
were as follows: 



In 3 stores there was no overtime. 
" 1 store the hours were from 65-70 
" 12 stores " " " " 75-80 

« 22 " " " " " 



85-90 



28 



These are, in brief, our findings on the hours of work during 
the exempted period (Dec. 18 to 24). What this rush work means 
to the girl behind the counter, who may have to stand for 80 to 
90 hours a week, is revealed in the words of one of the employees 
of a large department store : 

"You feel terribly driven, all day. The girls pull out 
all the stock in the hurry and then you can't find the 
things that are asked for. The standing is the worst, the 
pain stretches up into the calves of the legs. I had to stand 
in line 15 minutes one day in the crowd trying to get lunch. 
You ache all over by 6 o'clock. I was not relieved at night 
for supper till nearly 8 p. m., after demonstrating dolls all 
day. I was so exhausted that I finally broke down and 
cried.'' 

♦♦♦♦♦*» 

The work after supper takes it out of you worst of all. I 
got so tired and worried that I slept badly and dreamt a 



Report of Commission. 



273 



great deal about the store. In the morning when I woke up 

I felt as tired as the night before. Many girls had to go far 
uptown, and some to Astoria, and didn't get home till after 

II p. M. 1 didn't see how they could get back to the store on 
time the next morning. But they had a sense of honor and 
wouldn't throw aU the work on the other girls." 

It is generally understood that the saleswomen must be on time 
for beginning work every morning, however late they may have 
been dismissed the night before. Otherwise the work of the store 
would be entirely disorganized. At this time fines for a few 
moments' lateness are more often remitted if the girls have been 
required to work late for successive nights. 

An employee of another store described the condition as follows : 

" In the toy department 6 girls out of 12 at the counter 
were forced to take a day off during the week of December 
16th to 2l8t on account of extreme fatigue. Four others 
were so tired and sick that they complained constantly and 
declared they would have to be absent some day before Christ- 
mas in order to stand the strain of the work. Two only 
were not tired to death. The girls, of course, lose pay when 
they are absent but everyone of them said they ' just couldn't 
stand it ' without taking a day off, although none of them 
could afford this rest. Moreover when girls are absent, the 
burden of their work falls on the remaining salesgirls. Thus 
one day with 3 girls away there was such a constant rush that 
one girl said, * I didn't have a chance to sit down from 9:15 
till 6 :45 except at lunch, and I didn't see any other girl at 
the counter sitting down either.' " 

There is scarcely a salesgirl who does not complain of the 
extreme lassitude and lessened power of work experienced as a 
result of this exhausting toil. From Thanksgiving to Christmas 
the pressure of work is cumulative. From day to day the crush 
in the store increases, and the demands upon a girl's time and 
attention grow more insistent and unremitting. The air of the 
store is vitiated. There is rarely a moment to sit down and relax. 
At lunch time comes the only break, and in the over-crowded con- 
dition of most stores, a girl may have to stand in line 10 minutes 
out of 45 before she can get her luncheon, though her feet may be 
aching cruelly from long hours of standing. She may thus lose 
part of her short noon period for recuperation. Moreover, she 

18 



274 



Repoet of Commission. 







must return to her counter strictly on time under pain of fine for 
lateness, no matter what the delay in the lunch room. 

At 6 p. M. nervous endurance has ebbed and the tension of 
added evening work strains the physical and nervous powers 
almost to the breaking point. Girls ordinarily in good health com- 
plain that after the late return home their sleep is broken and 
unrefreshiug. If a girl lives at any distance from the store her 
night rest is cut down, since she may reach home after 11 p. m. 
and yet have to return to her post at 8 or 8 :30 the following day. 
Finally, when the rush is over, Christmas Day is often spent in 
bed, and for weeks thereafter the ill-effects to health are still felt. 
According to the testimony of physicians subsequent slack time 
can not repair the inroads upon health due to such extreme over- 
fatigue. 

It should not be thought that overtime work is limited to De- 
cember only. Though it is most excessive in that month, there are 
many occasions, such as special sales, stock taking and rearrange- 
ment of departments, as well as auditing and bookkeeping, which 
keep the employees for many extra hours. At Christmas the over- 
time is for the purpose of arranging stock and replacing it for the 
demands of the next day, since the counters have to be constantly 
replenished. Such preparations are necessary in many depart- 
ments of a large store, especially at the handkerchief, toy, candy, 
silverware and book counters where the goods are most quickly 
sold. 

In discussing overtime, it is not sufficient to deal with the length 
of hours during which the stores are open for customers. The 
practice is well nigh universal of keeping employees after the 
day's work or on Sundays to work behind closed doors. This work 
is irregular. The girls may be called upon to stay any night with- 
out previous notice. Sometimes they are not notified until late in 
the afternoon that they are expected to work that night. The 
irregularity and failure to receive advance notice are distinct 
grievances. Some of the testimony given before the Commission 
by department store employees bears directly on this point: 

" Q. When you have to work ovei time do they give you 
any notice in advance, or do they notify you at any time 
during the day? A. On Saturday we did not know until 
half past five that we were going to stay. 



Heport of Commission. 



275 



A. The boss would tell you you should not make any plans 
about going out and that you should tell the people at home 
that if you are not at home at a certain hour not to expect 
you." 

Mercantile establishments are not, like factories, required by law 
to post their employees' hours of work. Hence it was exceedingly 
difficult for our investigators to ascertain the exact hours of work. 
In some establishments it is true that automatic time-clocks are 
used and each employee registers his time of arriving and leaving. 
But in no case did our investigators find the time records so kept 
that they could tell at a glance the total daily or weekly hours of 
work for any department of the establishment. 

A limited study of the duration of hours was undertaken for 
certain classes of workers in two large stores. It revealed two 
facts of importance, first the difficulty of obtaining this informa- 
tion, owing to the failure to keep adequate records, and second, 
the amount of overtime required in a few selected departments 
of the stores during November and December, 1912. 

In the first store, the overtime hours could only be obtained 
from the daily overtime sheet which is made up and sent to the 
office every afternoon. It gives the names of all the employees 
who are required to stay overtime. They are entitled to supper, 
which the firm provides, but they must obtain supper passes from 
the timekeeper. If the employees prefer to finish their work with- 
out stopping for supper, their names are not put on the daily over- 
time sheet, since they do not need to obtain supper passes. There 
is no record of their hours except that the watchman, in order to 
prevent unauthorized persons from entering the store, takes do^Ti 
their names as they leave the building. It was from this list that 
the hours of this particular set of supperless workers was ascer- 
tained. These girls are seldom informed as to the hours when 
they are to be dismissed. They understand that they must stay 
until the work is finished. 

There were 197 women who worked overtime in the five depart- 
ments whose records were compiled. During the period from 
November 6th to December 26th (42 working days) there was 
overtime on 32 evenings and on 6 Sundays. On no two days and 
in no two departments were the hours of work exactly the same. 
'N'or were the same women always employed. As a rule, the per- 



276 



EePOET of CoMMlSSIOii. 



mauent employees rather than the " Christmas specials " were ex- 
pected to remain. 

The number of women who worked and their hours of leaving 
on these 32 evenings are shown below : 



Date. 


No. 
Workers. 


Nov. 6 


11 


" 7 


9 


" 11 


10 


" 12 


14 


" 13 


6 


" 16 


10 


" 18 


16 


" 19 


6 


" 23 


12 


" 25 


24 


" 26 


33 


" 27 


7 


" 29 


21 


Dec. 2 


11 


" 3 


29 


" 4 


22 


'' 5 


26 


a 7 


10 


" 9 


11 


" 10 


20 


" 11 


30 


" 12 


29 


" 13 


14 


" 14 


38 


" 16 


28 


" 17 


37 


" 18 


50 


" 19 


41 


" 20 


37 


" 21 


34 


" 23 


38 


" 26 


13 



7-8 p. M. 



1 

1 



No. Leayinir* 
8-9 p. M. 

11 

9 

10 
14 

6 
10 
16 

5 

2 
24 
28 

21 
11 
23 
22 
25 

1 
10 
15 
12 

8 
12 

9 
10 
13 
23 

6 
11 

16 
13 



9-10 p. M. 10-U P. M. 



10 



6 



5 

7 
15 

23 
4 
17 
24 
14 
13 
31 
4 




10 
6 
2 
6 

14 
3 
3 

21 

13 
3 

18 



\ 






Report of Commission. 277 

More than one-half of the women stayed till 9 p. m. or later. 

More than one-fourth stayed till 10 p. m. or later. A small pro- 
portion was kept till 11 p. m. or later. It will be noticed that 50 
women constituted the maximum number employed any one even- 
ing (Dec. 18). 

In this last week before Christmas 88 women were kept over- 
time. Their individual records have been separately compiled 
and show that 16 worked 3 evenings, 15 worked 4 evenings and 10 
worked 5 evenings. It is important to note that 48 of these 88 
women were at their tasks successive evenings, for example, 21 
were employed 2 consecutive evenings, 11 worked 3 consecutive 
evenings, 3 remained 4 consecutive evenings, 10 worked 5 evenings 
on a stretch. 

Sunday work is given for each of the six Sundays, viz. : 

Dates ^^ Women. 

Nov. 17th 39 

^ov. 24th 14 

Dec. 1st fj 

Dec. 8th 20 

Dec. 15th 54 

Dec. 22nd 37 



Although 54 was the maximum number employed on any one 
Sunday, 77 different women took turns in returning to the store 
for Sunday labor. Moreover, some of the 77 worked consecutive 
Sundays, thus 24 worked two Sundays or 14 days without break, 
3 were employed 3 Sundays or 21 days without break, and 4 
women worked 5 Sundays or 35 days on a stretch without a day's 
rest. Many of these 77 workers added evenings of toil when they 
were late in returning to their homes and their rest and leisure 
were seriously curtailed. 

In the second store the overtime hours were obtained from the 
individual time cards which give the daily hours of arriving and 
leaving. The Christmas rush began later than in the first store. 
More overtime was concentrated into a shorter time, because a 
larger force was kept at work. Overtime did not begin until 
December 2d. During the weeks until December 27th, twenty- 
two working days, there was evening work on twenty-one days. 



_-! M'm'\£ i-'F » ' ¥ m^^ ^^ ■ 



278 



Report of Commission. 



JReport of Commission. 



279 



■•'♦: 









■I 



In the five departments investigated a force of 425 women was 
employed, compared with 197 women employed in five depart- 
ments of the first store. 

Moreover, in the week preceding Christmas (Dec. 16-21), when 
the rush was greatest, 273 women, in four departments, worked 
consecutive evenings as follows: 

Week of December 16-21, 

15 women working 2 consecutive evenings. 
4.2 " « 3 << « 

28 " " 4 " " 

128 " " 6 " " 



Such continuous night work is acknowledged to be a great 
strain. When the night's rest is cut dowfi for six nights without 
break there is no opportimity to recover from the accumulated 
fatigue. 

There was, however, comparatively little Sunday work in the 
second store. Only one department kept 32 of its employees busy 
on two Sundays before Christmas. It is the intensity of work 
from Sunday to Sunday that is especially striking. 

The 51 packers, constituting 12% of the total number of women 
who worked overtime, remained in the store on 16 different even- 
ings, or every evening between December 5th and 23rd. The 
latest hour of leaving for these employees was between 11 and 12 
at night, but most of them worked until 10 p. m. Of these 61 
women, 40 who worked on fifteen different evenings, between De- 
cember 6th and 23rd, quit their work between 9 and 10; 28 
women who worked on 14 evenings during the same period left 
the store between 10 and 11 p. m., and 14 who worked on 5 nights 
between December 11th and 23rd, left after 11 p. m. 

The majority of the packers were young girls under 21 years of 
age. They stood at their work and had little opportunity to sit 
down. These girls were not required to report when the store 
opened in the morning, as there was no urgent call for their ser- 
vice until sales had accumulated for an hour or more. Except 
for the packers, there is little leeway allowed even during the 
Christmas rush. A great many saleswomen who were interviewed, 



stated that they must be at their posts on time ready for the day's 
work, whatever the hour of dismissal the night before. 

In this preliminary investigation it was not possible to obtain 
the exact hours of labor of all employees in even one large store. 
The facts just recited concern 622 girls and women employed 
respectively in five departments of two large stores. We have 
no information about other departments in the same stores on 
account of the clerical work necessary to compile the figures. Nor 
could we have secured the information more easily from any other 
store. 

The amount of overtime is striking, but equally significant in 
the opinion of the Commission is the difficulty in obtaining the 
facts. In the absence of readily accessible records the mercantile 
inspector faces almost insuperable obstacles in enforcing the law 
regulating hours of labor. Far simpler in comparison is the task 
of the factory inspector. For the owner of a factory must keep 
the time book of all employment outside the posted hours of work 
and enter therein the weekly hours of every individual worker. 
He must exhibit the time book to the factory inspector. In other 
words, his records must show at a glance the exact working houra 
of every employee. 

If the mercantile law also required the employer to post hours 
of work and keep a time book, it would not only simplify inspec- 
tion but would relieve the merchants of the repeated visits of 
inspectors who, under present conditions, are obliged to return 
many times to make their observations and obtain the facts. 

Wages 

In response to the growing public interest in the wages paid to 
working women and to concern at the lowness of the wage scale in 
many industries and occupations, the Commission includes in its 
report of retail stores the result of an initial inquiry into wages. 

The Commission's investigation of women's employment in can- 
neries, and in certain textile mills, showed the hourly or piece 
work rates of pay for women and children, and their weekly earn- 
ings. A more detailed study of the level of wages paid in depart- 
ment stores is here presented. Girls prefer employment in the 
stores because the social standing of mercantile employees is con- 



\: 






280 



Report of Commission^ 



sidered higher than that of factory girls. They have been willing 
to accept practically any pay tliat is otfered, knowing that there is 
never scarcity of labor and that there are always other girls eager 
to replace them. 

The wage tables given below have been compiled from one source 
only, namely, copies of store payrolls giving the actual wages paid 
to employees, for the flat weekly wage obviously does not represent 
the real compensation which a girl receives for her labor. The 
actual amount contained in her pay envelope is the flat rate of 
pay with sundry deductions for fines or absence and with the 
addition of possible commissions and bonuses. The wage figures 
taken from payroll entries are therefore the only accurate measure 
of earnings. 

In the short time at its disposal the Commission was unable to 
secure payroll data covering a whole year. We believe that the 
data for five weeks are representative of average earnings of the 
employees since, on the whole, department store work is not sea- 
sonal in character and the majority of the employees are perma- 
nently engaged. We are without specific information and can 
therefore make no comment concerning enforced holidays and 
vacations without pay imposed during the summer. The " spe- 
cials " who are taken on for special sales, the half timers, and 
those who work only at night or on Saturdays are not included 
in our inquiry, because time did not suffice to study these wages 
in relation to hours and permanency of employment. Finally, 
no one under 1 6 years of age is included. 

Copies were made of payroll entries for five consecutive weeks 
beginning October 1st, 1912. At this season of the year the stores 
are busy and their labor force is the largest that is permanently 
employed. But the extra help for the Christmas rush has not yet 
been taken on. By studying the payrolls at this season, we are 
dealing with the regular selling force. 

The wages of no girl were copied from the pa^Toll imless she 
was employed for the entire period of five weeks, nor was her 
record taken if she was absent for more than three consecutive 
days. This was judged a reasonable amount of absence. It is 
rather less than the ffoverunient allowance of 30 days sick leave 
during the year without deduction of pay. 



\' 



Repobt of Commission. 



281 



Of the 3,768 women whose earnings were thus ascertained from 
the payrolls, the majority (73%) were saleswomen. They were 
employed in 76 stores located in New York, Buffalo and Rochester 
and in five cities of the second class : Albany, Troy, Schenectady, 
Utica and Syracuse. This wage study is representative of con- 
ditions in all the first class cities and in almost all the second 
cities of the state. The tables afford an opportunity to compare 
wages in New York and in other cities. 

The average earnings have been compiled separately for two 
classes of mercantile establishments, the five and ten cent stores 
and the regular department stores. They have also been kept 
separately for New York and up-state cities. 

Five and Ten Cent Stores 

There were forty-nine five and ten cent stores that opened their 
payrolls to us. They employ 1,038 women and girls, all of whom 
are salesgirls. 

Cumulative Number and Percentage of Saleswomen Em- 
ployed IN Five and Ten Cent Stores According to 
Earnings and According to Cities 



Average Weekly Earnings 



$8 and 
Tender $5. TTnder $6. Under $7. Under $8. over. 
Per cent. Per cent. Per cent. Per cent. Per cent. 



No. of 
Sales- 
women. 





28.8 
76.2 
24.2 
70.8 


61.9 
95.2 
72.5 
89.6 


81.6 
100.0 
89 
96.1 


89.5 

100.0 

95.6 

98.6 


10.5 

***4!4 
1.4 


TTI 


itles — 


n 

91 

154 





35.5 


67.6 


84.8 


91.6 


8.4 


1,038 



New York City 

Buflalo 

Rochester . . . 
Second Class Cities 

All Cftles 

The employees of stores of this character are usually inexperi- 
enced, and no high grade of skill is required of them. It should 
be noted, however, that the wages of no saleswoman whatever are 
omitted from this table. Women are thus included who are sales- 
women and who, following the practice of these stores, also per- 
form more responsible duties such as assisting the managers. Yet 
notwithstanding this inclusion of the higher paid workers in the 
five and ten cent stores, the meagemess of the wages is striking. 
67.6% of the girls and women receive less than $6 a week and 
91.6% receive less than $8. These amazing figures speak for 
themselves. They scarcely need comment. It is clearly impos- 



-t- 
I 

■1 



282 



Report of Commission. 



sible for any woman to be wholly self-supporting upon such a 
wage. 

Depaetment Stores 

Our tables of earnings compiled from regular department store 
payrolls are somewhat less complete than the table of wages in 
the five and ten cent stores. 

Many of the dry goods merchants of the City of New York 
refused to permit us to examine their books to ascertain the wages 
paid to their employees, but after negotiations they submitted to 
us certain tables of salaries of five diiferent department stores in 
the City of New York selected by them which showed the wages 
paid to about 4,000 employees. These tables show higher average 
wages than those found by our own investigators in stores other 
than the ^ve referred to. We have no means of verifying these 
figures. They came to us too late to be incorporated in the report 
proper, but will be found in Appendix IX. 

Wage schedules were obtained for 10% of the total number of 
saleswomen employed in the department stores. A number of 
merchants, whose wages are probably among the highest of any 
paid by New York mercantile establishments, responded to our 
request for payrolls and at the other end of the scale, a number 
of firms who sell a cheaper grade of goods and pay lower wages 
also allowed us to copy their records. However, the data were not 
secured from the largest New York City establishments. For 
this reason these wage schedules may not be entirely representa- 
tive of earnings throughout the department stores of the city. 
For the largest stores are not represented where older and more 
experienced saleswomen have to a great extent been replaced by 
more youthful and less skilled workers. 

Cumulative Number and Percentage of Saleswomen Em- 
ployed IN Regular Department Stores According to 
Earnings and According to Cities 

average weekly earnings. j^q qj 

$8 and Sales- 
Under $5. Under $6. Under |7. Under $8. over. women. 
Per cent. Per cent. Per cent. Per cent. Per cent. 

877 



New York City 

Buffalo 

Rochester 

Second Class Cities... 


15.4 

26.7 

9.2 

23.1 


28.1 
53.4 
21.7 
38.2 


44.1 
69.1 
38.4 
54.4 


54.5 
80.1 
60.0 
64.7 


45.5 
19.9 
60.0 
85.8 


All Cities 


20.3 


35.4 


61.1 


61.9 


88.1 



120 
1.497 

2.730 



Report of Commission. 



283 



Twenty per cent, of all the saleswomen reported in all the cities 
earned less than $5 per week. One-half of all the saleswomen 
(51.1fo) earned less than $Y, and Ql.dfc earned less than $8 a 

week. 

In New York City, where living expenses are highest, the pro- 
portion of those earning less than $7 was 44%. These wages, 
though higher than those paid in five and ten cent stores, are also 
clearly beneath the level of subsistence. Yet, in some way, the 
difference must be met between the earnings of the women and 
their expenses of living. For women who are wholly dependent 
op their own earnings the difference is made up in one of three 
ways. They may live in subsidized boarding houses or homes for 
working girls, where charity pays a part of their maintenance. 
Secondly they may live with such excessive economy and upon 
such short rations that health is shattered and future earning 
capacity is permanently undermined. Thus the worker herself 
is made to pay unfairly in strength and vitality, instead of receiv- 
ing a living wage from the industry that employs her. Lastly, 
in some cases, the impossibility of living upon the pittance which 
they are paid undoubtedly leads some women to supplement these 
earnings by leading an immoral life. In this connection, as the 
Massachusetts Commission on Minimum Wage Board says 
significantly : * 

" It is remarkable that more saleswomen do not turn to 
vice. It is impossible to say how many do. No estimate 
whatever can be made of the extent to which the workers are 
subsidized because of illicit relations with one or two men. 
Only a few of the women had the appearance of prostitutes. 
Women who were making a brave fight against tremendous 
odds were many times more often in evidence." 

The Massachusetts Eeport together with the reports of the Fed- 
eral Government on women in stores (Report on Woman and 
Child Wage Earners) disposes of the long-lived fallacy that the 
department store employees are working for pin money, and hence 
wages may safely be very low because they are not needed for 
actual self-support. Many store managers acknowledge that they 
prefer to engage girls who are living at home. The supposition 
is that they are not entirely dependent on their earnings. 

♦Report of Mass. Commission on Minimum Wage Boards, 1912, page 90. 



l- 



284 



Report of Commission. 



Both of these official reports, after intensive study, prove that 
even when a girl lives at home, her pay is in an overwhelming 
majority of cases not pin money for herself, but an indispensable 
part of the family income. Either the chief bread-winner is ill 
or disabled or is unable to support his wife and children by his 
own earnings. In many cases women employed in department 
stores are themselves the chief or sole wage-earners of the family. 
According to the Massachusetts Eeport, " throughout the cities of 
the state about oUe-quarter of the women workers in stores are 
dependent on their own resources." 

And in Boston, for example, of the 2,276 women and girls era- 
ployed in retail stores, only 3.3% were working for pin money. 
All the rest gave their pay envelopes to their families as a neces- 
sary part of the family income, or were themselves entirely de- 
pendent on their earnings. The United States Government 
Report gives approximately the same figures, namely, 3.7% pin 
money workers. 

We have thus far considered the wages of saleswomen only, who 
constitute the best paid group within the stores. The earnings 
of other workers were also ascertained. In the large establish- 
ments where the work is most subdivided there are, besides sales- 
women, two main groups — the office force and the younger work- 
ers, the stock girls. Of the 76 stores whose payrolls were copied, 
69 employed women in their offices and only 22 employed stock 
girls. 

The average weekly earnings of the office help are given below : 

Cumulative Number and Pebcentage of Office Help 
Employed in Department Stores and Five and Ten 
Cent Stores According to Earnings and According to 
Cities. 



average weekly earnings. 



New York City 

Buffalo 

Rochester 

Second Class Cities.., 



Under $5. Under $6. Under $7. Under $8. 

Per cent. Per cent. Per cent. Per cent. Per cent 

14.1 30.2 51.6 6^.1 80.9 

33.3 50.0 53.3 63.3 36.7 

18. 38.4 66.4 64.1 35.9 

21.1 35.5 52.2 63.0 37.0 



No. of 
18 and office em- 
over, ployees. 



im 



360 



All Cities 



19.9 



35.1 



52.4 



&4.7 



35.3 



578 



It is apparent that the range of wages of the 578 office workers 
included in this table corresponds closely to the wage scale of the 
saleswomen in the same stores. 



Report of Commission. 



285 



But the younger workers who are employed as stock girls are 
paid markedly lower wages. The average weekly earnings of 326 
are as follows: 

Cumulative Number and Percentage of Stockgirls Em- 
ployed in Department Stores According to Earnings 
AND According to Cities 

AVERAGE WEEKLY EARNINGS. 

No. of 
$S and stock- 
Under $5. Under $6. Under $7. Under $8. over. girls. 
Per cent. Per cent. Per cent Per cent. Per cent. 



!••••••••• 



New York City. 
Buffalo . . . 

Rochester 

Second Class Cities.... 



AU Cities 



96.3 
85.7 
80.0 
94.1 

90.1 



96.3 
92.8 
80.0 
97.9 

98.2 



98.1 
100.0 
90.0 
99.5 

98.7 



98.1 

100.0 
95.0 
100.0 

99.8 



1.9 
*5.0 



.7 



54 
14 

20 
238 

326 



It should be noted again that although these girls are un- 
doubtedly young, yet all who are included here are over 16 years 
of age. They are usually not experienced and do not hold highly 
responsible positions, but their wages are almost incredibly low; 
96.5% earned less than $6. In the absence of further data as to 
the age and rate of advancement of this group of workers, it is 
impossible to judge whether we are here considering an initial 
wage which will increase proportionately with the efficiency of 
the workers or whether this is, to some extent at least, a standard 
rate of pay for a body of workers whose chances of advancement 

are slight. 

Summary 

This initial inquiry into wages clearly demonstrates a few 
points : 

1. The five and ten cent stores pay the lowest wages; 84.8% 
of the saleswomen in them receive less than $7. 

2. The other retail stores, including the regular department 
stores, have a higher level of wages; 51.1% receive $7 or less a 
week. 

3. The wages paid in New York City are somewhat higher than 
in other cities. 

4. The wages even of saleswomen are in a great majority of 
cases not sufficient for self-support. 



286 



Report of Commission. 



5. The inadequacy of the earnings and the consequent low 
standard of living must inevitably undermine the health of the 

workers. 

The previous discussion brings out clearly the limits of this 
initial inquiry. More intensive study is needed, following the 
interesting example of the Massachusetts Minimum Wage Com- 
mission. In addition to the compilation of actual earnings, the 
main points to be determined in a study of wages are the age dis- 
tribution of the workers, the permanence of their employment, and 
the advancement accorded to experience and increased efficiency. 
Without such supplementary information no fair judgment can 
be rendered as to the adequacy of the wages paid. 

Concerning the workers themselves, more information should 
be sought as to the numbers who are wholly self-supporting, or 
whose wages are an integral part of the family budget. It is not 
in mercantile establishments only that these facts concerning wages 
should be made known. It is equally important that the same 
study should be made of many industries which employ large 
numbers of young women at approximately the same wage level. 

Even with the facts at our disposal now, it can be said with 
assurance that no business can be carried on without ultimate in- 
jury to society, if its wage scale rests on the assumption that its 
employees are subsidized in some form and therefore do not need 
to be paid wages sufficient for self-support. 

• 

The Mercantile Law 

The mercantile establishments have always becin favored by law 
above the factories of New York State in the number of hours 
they may employ women and children. 

The mercantile law dates back to 1897. The first measure was 
passed upon the recommendation of the Reinhard Committee, 
which was appointed by the legislature " to investigate the con- 
ditions of female labor in the city of New York," and which held 
public hearings and heard testimony from employers and 
employees of department stores. 

The original law is substantially in effect at the present day. 
The hours of work prescribed are as follows: children under six- 
teen years of age may be employed not more than nine hours a 



Report of Commission. 



287 






day or fifty-fo ir hours a week and girls under twenty-one years 
not more than sixty hours a week. 

For women above that age there is no limitation of hours 
whatever. During the week preceeding Christmas (December 
18th to 24th) except for children, all restriction of hours is re- 
moved. There have been no important changes in the law since 
1897, except that the working day for children has been reduced 
from 10 hours to 9 hours and the holiday exemption has been 
shortened from ten days to seven days before Christmas. 

The discrepancy between factory and mercantile laws in this 
state is striking. In factories children may work only eight hours 
a day or forty-eight hours a week and women may be employed 
only fifty-four hours a week. There is a further discrepancy in 
that the mercantile law omits the provision that work for women 
must be limited to six days a week. Consequently the employ- 
ment of women on seven days in mercantile establishments is 

legalized. 

Enforcement 

In 1897 the enforcement of the new law was given to local 
boards of health instead of being entrusted like other provisions 
of the labor law and according to the practice of other states, to 
the labor commissioner. For many years the law was practi- 
cally a dead letter, for the local boards of health made no adequate 
attempt to enforce it. In many towns they made inspections 
only on complaint. In ^N'ew York City, a corps of special mer- 
cantile inspectors of the Board of Health was maintained for only 
eight months and thereafter the mercantile establishments were 
inspected, for the most part, by the sanitary inspectors in the 
course of other duties. They were not trained to enforce a labor 
law, and in consequence their work was entirely unsatisfactory. 
The public justly felt that the women and children in stores were 
not securing the protection which the law intended, and the de- 
mand grew year after year for more adequate improvement. 

Finally in 1908, to meet this public demand, the legislature 
passed a law transferring to the labor commissioner the enforce- 
ment of the mercantile law in cities of the first class. Thereupon 
a separate bureau of mercantile inspection was established in 
charge of the mercantile inspector, who was given 8 deputy in- 



KfTT 



288 



Report of Commission. 



Report of Commission. 



289 



specters. The number was later increased to 9. During the four 
years since the change was made, even with a force so clearly inade- 
quate to cover the three largest cities of the state, the bureau 
has secured a far better enforcement of the law. In the first 
three years of its existence, the following violations of the child 
labor law alone were found : 



1908- 9 
1909-10 
1910-11 



No. of childrea illegally 
employed. 



3,121 
2,371 
1,575 



Per emt. 

51.4 

49. 

41.1 



There is no large industrial state in the Union which dis- 
tinguishes so sharply as New York between the protection afforded 
by law to women and children in mercantile establishments and 
that afforded to women and children in factories. 

In 20 states the hours of labor of all women of whatever age 
employed in mercantile establishments are limited as follows : 



Hours in 
One Day. 



Hours in 
One Week. 



State. 



a 

9 

a 

10 
10 

ii 
i( 

10 

u 

ii 
ii 
ii 
ii 

10 

ii 



12 



48 

a 
ii 

54 

a 

54 

58 

ii 

it 

GO 

it 

it 

it 
tt 
it 



60 
tt 



California. 

Colorado. 

Washington. 

Missouri. 

Utah. 

Michigan. 

Wisconsin. 

Connecticut. 

Massachusetts. 

Minnesota. 

Kentucky. 

Louisiana. 

Maryland. 

Nebraska. 

New Jersey. 

Oregon. 

Illinois. 

Virginia 

(except Saturday). 

Pennsylvania. 

South Carolina. 



There are uo exceptions to these regulations, save that three 
states allow holiday overtime, respectively 6, 8, and 20 days pre- 
ceding Christmas. 

New York State is thus in an exceptional position. It, alone, 
of all the large industrial states fails to protect adult women em- 
ployed in stores. Owing to this distinction in the law between 
the women under and over 21 years, even the protection which 
the law is supposed to extend to the younger women is to a great 
extent nullified. For it is practically impossible for an inspector 
to determine the exact age of the women employees. No docu- 
mentary proofs of age can be demanded, similar to those required 
for child laborers. Hence the present law does not adequately 
protect even the young girls imder 21 years of age. 

This preliminary investigation has not revealed to the Com- 
mission any cogent reason why this distinction as to age and 
hours of work should be made. We do not believe that the con- 
ditions of work differ so radically from employment in factories as 
to justify the discrimination in the laws in favor of mercantile 
employers. In fact, there have been revealed excessive hours of 
work which would seem to call for immediate legislation. But 
the present inquiry, in our opinion, has not been wide enough 
in its scope to justify at this date recommendations for funda- 
mental changes in the mercantile law. 

Thus far the Commission has no information as to conditions 
of employment in the smaller retail stores, such as the neighbor- 
hood stores and the many specialty stores. It has made no in- 
vestigation of wholesale mercantile houses or of drug and candy 
stores, restaurants, etc., and has no knowledge whatsoever as to 
the length of their employees' working hours, and the nature of 
the work required. 

Moreover, in the brief time following the investigation the 
Commission was unable to formulate tentative bills and to give 
an opportunity for full discussion of the proposed measures at 
public hearings. We have followed this procedure in every case 
before drawing up any final recommendations for the legislature. 
In view of the short time at our disposal, which precluded the 
proper amount of publicity and discussion of such important 
measures, and in view of the incompleteness of our information, 

19 



290 



Report of Commission. 



Report of Commission. 



291 



n 



we propose no remedial measures, but strongly recommend a far 
more extended inquiry into conditions of employment in mer- 
cantile establishments. We believe that further investigation of 
these establishments is greatly needed. Our preliminary survey 
reveals how large is the number of occupations called mercantile 
and how diverse the classes of workers which are engaged in 
them. The state should provide for as comprehensive a study of 
these occupations as it has already done for the factories. 

miscella:n'eous 

One Day Rest in Seven 

The ' attention of the Commission has been called to the fact 
that a large number of employees in factories work seven days a 
week and have no opportunity for physical rest and relaxation. 
Such continuous labor is injurious to the health and morals of 
workers. We have not, however, had sufficient opportunity to go 
into this subject so fully as is necessary to propose legislation. 
We recommend careful investigation into the extent of seven-day 
labor in the factories of this state and consideration of measures 
for securing to the worker one day of rest in seven. 

City Plan Commission 

The Commission has been urged to recommend a plan by which 
manufacturing shall be confined to certain streets within the city 
of New York. It is asserted that unless this plan be adopted, 
property values on Fifth avenue and other important streets will 
be very much impaired. The Commission, however, does not 
feel at this time that it can make any recommendations upon 
this subject 

CONCLUSION 



The task laid upon the Commission by the legislature has proved 
exceedingly arduous. For the inquiry into the conditions under 
which manufacturing is carried on in New York State involved 
not only problems of building construction, sanitation, ventilation, 



the prevention of accident and disease, and the work of women 
and children, but out of these investigations grew the still more 
difficult problem of a thorough reorganization of the Department 
of Labor. 

These complex problems have been earnestly and conscien- 
tiously considered with due regard to the interests of employee, 
employer, and consumer. Although the Commission is well aware 
that a complete solution has not been found, it is nevertheless con- 
vinced that if the remedial measures recommended become law 
and are intelligently enforced they will lighten the burden of the 
worker and prove of benefit to all the state. 

It is of great importance to state clearly that the bills proposed 
by the Commission have been presented in such form as to justify 
no modification before enactment into law. We declare distinctly 
that we have asked for no more remedial legislation than is 
imperatively demanded by the present conditions in the factories 
of the state. 

The most important recommendation that the Commission pre- 
sents deals with the reorganization of the Department of Labor. 
Furthermore, the most important feature of this reorganization 
is the proposed creation of the Industrial Board. To this board 
are given large powers for regulating industry, powers that per- 
mit the board, with due discretion and reliance both on personal 
knowledge and the advice of its experts, to make particular reg- 
ulations with reference to the special industries involved. 

Through this plan of reorganization the Department of Labor 
will be an eflPective instrument to safeguard the workers of the 
state. It will be not only an enforcing authority but through its 
division of Industrial Hygiene it will be also an investigating body 
which shall study specific dangers and their remedies. Above 
all, in the Industrial Board the department will have an agency 
to frame standards and r^ulations applicable to varying con- 
ditions of industry. 

The Industrial Board will take under consideration the inter- 
ests of both employer and employee. There should be no conflict 
between these interests, for the improved conditions of labor not 
only conserve the health of the workers but also increase their 
industrial efficiency. It will therefore be the duty of the Indus- 



292 



Report of Commissioh. 









trial Board to make clear, by the practical application of its 
standards, that improved conditions of labor are a substantial 
benefit to business interests. In this way the board will enlist the 
advice and help of employers. 

Our investigation showed that many factories and industrial 
establishments of the state are conducted by enlightened men who 
feel deeply the needs of their employees and realize, further, that 
increased efficiency and enlarged profits will result from proper 
attention paid to the safeguards which we recommend. 

As for the less-enlightened employers, the Industrial Board will 
act as an educational agency in the sense that it will bring into 
general practice the best methods of production now in use in 
establishments of the highest scientific efficiency. 

Thus the creation of the Industrial Board within the Depart- 
ment of Labor will harmonize the interests of both worker and 
employer. Through the exercise of its functions, the labor de- 
partment will no longer be regarded merely as a bureau invested 
with police power and as a hostile critic, but also as a source of 
constructive advice. The achievement of this high ideal calls for 
the appointment to office in the labor department of men and 
women of training and high character imbued with the new spirit. 

The greater part of the legislation recommended by the Com- 
mission must take the form of amendments to the labor law. 
That statute, since its enactment in 1897, has been subjected to 
numerous amendments, and has grown to be unwieldy and com- 
plicated. It is in need of revision that will simplify its form 
and arrangement and clarify its meaning. The Commission 
recommends that the labor law be properly re-codified. 

The question of the minimum wage for women has been much 
discussed. An impartial investigation of all the facts is ur- 
gently needed. 

The tendency of the age is toward specialization. A further 
tendency is that of concentration. Both these tendencies are 
followed in the proposed reorganization of the labor department 
which will concentrate the specialists in one group, using each 
with a view to his special knowledge and capacity. Then there 
will be fought out a hopeful and effective war against ignorance, 
poverty, disease, and death, for the conservation of the nation's 



Repoet of Commission. 



293 



wealth, for the education of the people, for the uplifting of 
humanity. "And the question of conservation is a great deal 
bigger than the question of saving our forests and our mineral 
resources and our waters; it is as big as the life and happiness 
and strength and elasticity and hope of our people."* 

Egbert F. Wagner^ 

Chairman. 
Alfred E. Smith^ 

Vice-Chairman. 

Charles M. Hamilton, 
Edward D. Jackson, 
Cyrus W. Phillips, 
Simon Brentano, 
Robert E. Dowliistg, 
Mary E. Dreier, 
Samuel Gompers. 

Commission. 
Frank A. Tierney, 

Secretary. 
Abram I. Elkus, 

Chief Counsel. 

Bernard L. Shientag, 

Associate Counsel. 



• Woodrow Wilson; " The New lYeedom." 



I 



APPENDIX I 



Lbt of Bilk Submitted to the Legislature by the New 
Yoric State Factory Investigating G>mmission. 



w 









I;* 



APPENDIX I 

LIST OF BILLS SUBMITTED TO THE LEGISLATUEE 
BY THE NEW YORK STATE FACTOEY INVESTI- 
GATING COMMISSION:* 



1. 
2. 
8. 
4. 
6. 
6. 

7. 
8. 



9. 
10. 
IL 

12. 
13. 



14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 

27. 
28. 



Reorganization of Labor Department; Industrial Board. 

Penalties for violation of labor law and industrial code. 

Fireproof receptacles; gas jets; smoking. 

Fire alarm signal systems and fire drills. 

Automatic sprinklere. 

Fire-escapes and exits ; limitation of number of occupants, 
construction of future factory buildings. 

Amendment to Greater New York Charter (Fire Preven- 
tion Law). 

Prohibition of employment of children under fourteen in 
cannery sheds or tenement houses ; definition of factory 
building; definition of tenement house. 

Manufacturing in tenements. 

Hours of labor of women in canneries. 

Housing conditions in labor camps maintained in connection 
with a factory. 

Physical examination of children employed in factories. 

Amendments to child labor law; physical examination be- 
fore issuance of employment certificate; school record; 
supervision over issuance of employment certificates. 

Amendment to compulsory education law ; school record. 

Night work of women in factories. 

Seats for women in factories. 

Bakeries. 

Cleanliness of workrooms. 

Cleanliness of factory buildings. 

Ventilation; general; special. 

Washing facilities; dressing rooms; water closets. 

Accident prevention; lighting of factories and workrooms. 

Elevators. 

Dangerous trades. 

Foundries. 

Employment of children in dangerous occupations ; employ- 
ment of women in core rooms. 
Labeling of containers of wood alcohol. 
Extension of jurisdiction of commission. 



All except No. 5 and No. 27 were passed and have become laws. 



I 



298 Appendix I — Bills Submitted to Leoiblatubi. 

BILL NO. 1. 

An Act 

To Amend the Labor Law^ in Relation to the Organization 
OF THE Department of Labor and its Various Bureaus, 
THE Creation of an Industrial Board, and the Exten- 
sion OF THE Department's Jurisdiction Over Mercan- 
tile Establishments in Cities of the Second Class. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Article three of chapter thirty-six of the laws of 
nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter five hundered and fourteen of the laws of 
nineteen hundred and ten, chapter seven hundred and twenty-nine 
of the laws of nineteen hundred and eleven and chapter three 
hundred and eighty-two of the laws of nineteen hundred and 
twelve, is hereby amended to read as follows:* 

ARTICLE 3. 
Department of Labor. 

Section 40. Commissioner of labor. 

41. Deputy commissioners. 

42. Bureaus. 

43. Powers. 

44. Salaries and expenses. 
46. [Sub] Branch offices. 

46. Reports. 

47. Old records. 

48. Counsel. 

§ 40. Commissioner of labor. There shall continue to be a 
department of labor, the head of which shall be the commissioner 
of labor, who shall be appointed by the governor by and with the 

• Matter In itaUc9 Is new ; matter In [ ] is old law to be omitted. 




Appendix I — Bills Submitted to Legislature. 299 

consent of the senate, and who shall hold office for a term 
of four years beginning on the first day of January of the 
year in which he is appointed. • He shall receive an annual salary 
of [five thousand five hundred] eight thousand dollars. He shall 
appoint and may remove all officers, clerks and other employees 
in the department of labor except as in this chapter otherwise 
provided, 

§ 41. Deputy commissioners. The commissioner of labor shall 
forthwith upon entering upon the duties of his office, appoint and 
may at pleasure remove two deputy commissioners of labor[, who 
shall receive such annual salaries, not to exceed four thousand 
dollars and three thousand five hundred dollars, respectively, as 
may be appropriated therefor. The powers hereinafter conferred 
upon the first and second deputy commissioners shall not include 
the appointment of officers, clerks or other employees in any of 
the bureaus of the department of labor]. The first deputy com- 
missioner shall receive a salary of five thousand dollars a year; 
the second deputy commissioner shall receive a salary of four 
thousand five hundred dollars a year. 

The first deputy commissioner shall, during the absence or 
disability of the commissioner of labor, possess all the powers and 
perform all the duties of the commissioner except the power of 
appointment and removal. During the absence or disability 
of both the commissioner of labor and the first deputy com- 
missioner of labor, the second deputy commissioner shall possess 
all the powers and perform all the duties of the commissioner 
except the power of appointment and removal. In addition to 
their duties and powers as prescribed by the provisions of this 
chapter, the deputy commissioners of labor shall perform such 
other duties and possess such other powers as the commissioner 
of labor may prescribe. 

§ 42. Bureaus. The department of labor shall [be divided 
into five] have four bureaus as follows: [Factory] inspection; 
[labor] statistics and information; mediation and arbitration 
and industries and immigration[, and mercantile inspection]. 
There shall be such other bureaus in the department of labor as 
the commissioner of labor may deem necessary. 



.a 
I'l ii 



300 Appendix I — Bills Submitted to Legislature. 

§ 43. Powers. 1. The commissioner of labor, his deputies and 
their assistants and each [special] agent, [confidential agent,] 
chief factory inspector, factory inspector, mine inspector, tunnel 
inspector, chief investigator, special investigator[s], chief mer- 
cantile inspector, [or deputy] and mercantile inspector[s] may 
administer oaths and take affidavits in matters relating to the 
provisions of this chapter [and may also serve process in criminal 
actions arising thereunder]. 

2. No person shall interfere with, obstruct or hinder by force 
or otherwise the commissioner of labor, any member of the indus- 
trial hoard, or any officer, agent or employee of the department 
of labor [his deputies, their assistants or the special agents, 
deputy factory inspectors, chief investigator, special investi- 
gators, the mercantile inspector, or deputy mercantile inspectors] 
while in the performance of their duties, or refuse to properly 
answer questions asked by such officers or employees pertaining 
to the provisions of this chapter, or refuse them admittance to any 
place [where and when labor is being performed] which is 
affected by the provisions of this chapter. 

3. All notices, orders and directions of any officer, agent or 
employee of the department of labor other than the commissioner 
of labor or the indiLstrial board [deputies, assistants, special 
agents, deputy factory inspectors, chief investigator, special in- 
vestigators, the mercantile inspector, or deputy mercantile in- 
spectors] given in accordance with this chapter are subject to the 
approval of the commissioner of labor[. A], and [all acts, 
notices, orders, permits and directions by any provisions of this 
chapter directed to be performed or given by the factory inspector, 
chairman of the board of mediation and arbitration, chief investi- 
gator, special investigators, mercantile inspector or other officer 
of the department of labor] may be performed or given by and 
in the name of the commissioner of labor and by any officer or 
employee of the department thereunto duly authorized by such 
commissioner in the name of such commissioner. 

4. The commissioner of labor may procure and cause to be used 
badges for himself and his subordinates in the department of 
labor while in the performance of their duties. 



Appendix I — Bills Submitted to Legislature. 301 

§ 44. Salaries and expenses. All necessary expenses incurred 
by the commissioner of labor in the discharge of his duties shall 
be paid by the state treasurer upon the warrant of the comptroller 
issued upon proper vouchers therefor. The reasonable and neces- 
sary traveling and other expenses of the deputy commissioners, 
their assistants, the [special] agents and statisticians, the chief 
factory inspectors, the [deputy] factory inspectors, chief in- 
vestigator, the special investigators, the chief mercantile in- 
spector [s], [deputy] mercantile inspectors, and other field 
officers of the department while engaged in the performance of 
their duties shall be paid in like manner upon vouchers approved 
by the commissioner of labor and audited by the comptroller. 

§ 45. [Sub] Branch offices. [The commissioner of labor may 
establish and maintain a sub-office in any city if in his opinion 
it be necessary. He may designate any one or more of his sub- 
ordinates to take charge of and manage any such office, subject 
to his direction.] The commissioner of labor shall establish and 
maintain branch offices of the department in the city of New York 
and in such other cities of the state as he may deem advisable. 
Such branch offices shall, subject to the supervision and direction 
of the commissioner of labor, be in immediate charge of such 
officials or employees as the commissioner of labor may designate. 
The reasonable and necessary expenses of such offices shall be paid 
as are other expenses of the commissioner of labor. 

§ 46. Reports. The commissioner of labor shall report an- 
nually to the legislature and shall include in his annual report or 
make separately in each year a report of the operation of each 
bureau in the department. 

§ 47. Old records. All statistics furnished to and all com- 
plaints, reports and other documentary matter received by the 
commissioner of labor pursuant to this chapter or any act re- 
pealed or superseded thereby may be destroyed by such commis- 
sioner after the expiration of six years from the time of the re- 
ceipt thereof. 

§ 48. Counsel. [The commissioner of labor may employ coun- 
sel in the department of labor to represent the department or to 
assist in the prosecution of actions or proceedings brought under 
the provisions of this chapter. Such counsel shall receive such 



•i^sz 



a 
4 



302 Appendix I — Bills Submitted to Legislature. 

compensation as may otherwise be provided by law.J The com- 
missioner of labor shall appoint and may at pleasure remove 
counsel who shall he an attorney and counsellor at law of the state 
of New York to represent the department of labor and to take 
charge of and assist in the prosecution of actions and proceedings 
brought by or on behalf of the commissioner of labor or the de- 
partment of labor, and generally to act as legal adviser to the 
commissioner. Such counsel shall receive a salary of four thou- 
sand dollars a year. The commissioner of labor shall have power 
to appoint and at pleasure remove attorneys and counsellors at 
law to assist the counsel in the performance of his duties who 
shall receive such compensation as mat/ be provided by law. 

§ 2. Such chapter is hereby further amended by inserting 
therein after article three, a new article to be article three-a 
thereof to read as follows: 

ARTICLE 3-A 

* 

Industrial Board. 

Section 50. Industrial board ; organization. 

51. Jurisdiction of board. 

52. Rules and regulations; industrial code. 

§ 50. Industrial board; organization. 1. There shall be an 
industrial board, to consist of the commissioner of labor, who shall 
be chairman of the board, and four associate members. The asso- 
ciate members shall be appointed by the governor by and with the 
advice and consent of the senate. Of the associate members first 
appointed, one shall hold office until December first, nineteen 
hundred and fourteen, one until December first, nineteen hundred 
and fifteen, one until December first, nineteen hundred and six- 
teen, and one until December first, nineteen hundrd and seven- 
teen. Upon the expiration of each of said terms, the term of office 
of each associate member thereafter appointed shall be four years 
from the first day of December. Vacancies shall be filled by ap- 
pointment for the unexpired term. The associate members shall 
each receive a salary of three thousand dollars a year and each of 
said associate members shall be paid his reasonable and necessary 
traveling and other expenses while engaged in the performance of 



Appendix I — Bills Submitted to Legislature. 303 

his duties in the manner provided in section forty-four of this 
chapter. 

2. The board shall appoint and may remove a secretary who 
shall receive a salary to be fixed by the board. The commissioner 
of labor shall detail, from time to time, to the assistance of the 
board, such employees of the department of labor as the board 
may require. In aid of its work, the board is empowered to em- 
ploy experts for special and occasional services, and to employ 
necessary clerical assistants. The counsel to the department of 
labor shall be counsel to the board without additional 
compensation. 

3. The board shall hold stated meetings, at least once a month 
during the year at the office of the department of labor in the 
city of Albany or in the city of New York and shall hold other 
meetings at such times and places as the needs of the public ser- 
vice may require, which meetings shall be called by the chairman 
or by any two associate members of the board. All meetings of 
the board shall be open to the public. The board shall keep 
minutes of its proceedings showing the vote of each member upon 
every question and records of its examinations and other official 

action. 

§ 51. Jurisdiction of board. The board shall have power: (1) 
To make investigations concerning and report upon all matters 
touching the enforcement and effect of the provisions of this 
chapter and the rules and regulations made by the board there- 
under, and in the course of such investigations, each member of 
the board and the secretary shall have power to administer 
oaths and take affidavits. Each member of the board and the 
secretary shall have power to make personal inspections of all 
factories, factory buildings, mercantile establishments and other 
places to which this chapter is applicable. 

(2) To subpoena and require the attendance in this state of 
witnesses and the production of books and papers pertinent to the 
investigations and inquiries hereby authorized and to examine 
them in relation to any matter which it has power to investigate, 
and to issue commissions for the examination of witnesses who are 
out of state or unable to attend before the board or excused 
from attendance. 



304 Appendix I — Bills Submitted to Legislatube. 

(3) To make, alter, amend and repeal rules and regulations 
for carrying into effect the provisions of this chapter, applying 
such provisions to specific conditions and prescribing specific 
means, methods or practices to effectuate such provisions. 

(4) To make, alter, amend, or repeal rules and regulations for 
guarding against and minimizing fire hazards, personal injuries 
and disease, with respect to (a) the construction, alteration, equip- 
ment and maintenance of factories, factory buildings, mercantile 
establishments and other places to which this chapter is applicable, 
including the conversion of structures into factories and factory 
buildings; (b) the arrangement and guarding of machinery and 
the storing and keeping of property and articles in factories, fac- 
tory buildings and mercantile establishments; (c) the places 
where and the methods and operations by which trades and occu- 
pations may be conducted and the conduct of employers, em- 
ployees and other persons in and about factories, factory build- 
ings and mercantile establishments; it being the policy and in- 
tent of this chapter that all factories, factory buildings, mercantile 
establishments and other places to which this chapter is ap- 
plicable, shall be so constructed, equipped, arranged, operated and 
conducted in all respects as to provide reasonable and adequate 
protection to the lives, health and safety of all persons employed 
therein and that the said board shall from time to time make 
such rules and regulations as will effectuate the said policy and 
intent. 

§ 52. Rules and regulations; industrial code. 1. The rules 
and regulations adopted by the board pursuant to the provisions 
of this chapter shall have the force and effect of law and shall 
be enforced in the same manner as the provisions of this chapter. 
Such rules and regulations may apply in whole or in part to 
particular kinds of factories or workshops, or to particular ma- 
chines, apparatus or articles ; or to particular processes, industries, 
trades or occupations ; and they may be limited in their applica- 
tion to factories or workshops to be established, or to machines, 
apparatus or other articles to be installed or provided in the 
future. 

2. At least three affirmative votes shall be necessary to the 
adoption of any rule or regulation by the board. Before any 






Appendix I — Bills Submitted to Legislature. 305 

rule or regulation is adopted, altered, amended or repealed by 
the board there shall be a public hearing thereon, notice of 
which shall be published not less than ten days, in such news- 
papers as the board may prescribe. Every rule or regulation 
and every act of the board shall be promptly published in bulletins 
of the department of labor or in such newspapers as the board 
may prescribe. The rules and regulations, and alterations, amend- 
ments and changes thereof shall, unless otherwise prescribed by 
the board, take effect twenty days after the first publication 

thereof. . 

3. The rules and regulations which shall be in force on the 
first day of January, nineteen hundred and fourteen, and the 
amendments and alterations thereof, and the additions thereto, 
shall constitute the industrial code. The industrial code may 
embrace all matters and subjects to which and so far as the 
power and authority of the department of labor extends and its 
application need not be limited to subjects enumerated in this 
article. The industrial code and all amendments and alterations 
thereof and additions thereto shall be certified by the secretary 
of the board and filed with the secretary of state. 

§ 3. Such chapter is hereby further amended by inserting 
therein after section twenty-a, a new section, to be section 
twenty-b, to read as follows: 

§ 20-b. Protection of employees. All factories, factory build- 
inqs, mercantile estahlisJiments and other places to which this 
chapter is applicable, shall be so constructed, equipped, arranged, 
operated and conducted in all respects as to provide reasonable 
and adequate protection to the lives, health and safety of all per- 
sons employed therein. The industrial board shall, from time to 
time, malce mch rules and regulations as will carry into effect the 
provisions of this section. 

§ 4. Article five of such chapter as amended by chapter seven 
hundred and twenty-nine of the laws of nineteen hundred and 
eleven and chapter one hundred and fifty-eight of the laws of 
nineteen hundred and twelve is hereby renumbered article four, 
inserted in place of present article four hereinafter renumbered 
and amended to read as follows: 

20 



^ 



.. 






p 



»1 






h n 



306 Appendix I — Bills Submitted to Legislatube. 

AKTICLE [5] Jf. 

BUEEAU OF [FaCTOEyJ INSPECTION. 

[Section 60. Chief factory inspector. 

61. Factory inspectors. 

62. Greneral powers and duties. 

63. Reports. 

67. Duties relative to apprentices. 

68. Laws to be posted.J 

Section 53. Bureau of inspection; inspector general; divisions. 

54. Inspectors. 

55. Division of factory inspection; factory inspection 

districts; chief factory inspectors. 

56. Idem; general powers and duiies. 

57. Division of homework inspection. 

58. Division of mercantile inspection. 

59. Idem; general powers and duties, 

60. Division of industrial hygiene. 

61. Section of medical inspection. 

[§ 60. Chief factory inspector.] § 53. Bureau of inspection; 
inspector general; divisions. [There shall continue to be a 
bureau of factory inspection.] The bureau of inspection, sub- 
ject to the supervision and direction of the commissioner of labor, 
shall have charge of all inspections made pursuant to the pro- 
visions of this chapter, and shall perform such other duties as 
may be assigned to it by the commissioner of labor. The first 
deputy commissioner of labor shall be the [chief factory] in- 
spector general of the state, and in charge of this bureau subject 
to the direction and supervision of the commissioner of labor, 
except that the division of industrial hygiene shall be under the 
immediate direction and supervision of the commissioner of 
labor. Such bureau shall have four divisions as follows: factory 
inspection, homework inspection, mercantile inspection and in- 
dustrial hygiene. There shall be such other divisions in such 
bureau as the commissioner of labor may deem necessary. In 
addition to their respective duties as prescribed by the provisions 
of this chapter, such divisions shall perform such other duties as 
may be assigned to them by the commissioner of lahor. 



Appendix I — Bills Submitted to Legislature. 307 

[§ 61.] § 54. [Factory] Inspectors. [The commissioner of 
labor may appoint from time to time not more than one hun- 
dred and twenty-five persons, as factory inspectors, not more 
than twenty of whom shall be women, and who may be removed 
by him at any time. The factory inspectors may be divided into 
five grades, but not more than thirty shall be of the third grade, 
and not more than eight shall be of the fourth grade and not 
more than one shall be of the fifth grade. Each inspector of the 
first grade shall receive an annual salary of one thousand dollars, 
each of the second grade an annual salary of one thousand two 
hundred dollars and each of the third grade an annual salary 
of one thousand five hundred dollars. There shall be after 
October first, nineteen hundred and eleven, no further appoint- 
ments in the first grade and no vacancies in the first grade shall 
be filled. There may be at any time not to exceed ninety persons 
in the second grade. Each inspector of the fourth grade shall 
receive an annual salary of two thousand ^ve hundred dollars. 
Each inspector of the fifth grade shall receive an annual salary 
of three thousand five hundred dollars. Each inspector of the 
fifth grade shall be a mechanical engineer] 1. Factory inr 
spectors. There shall be not less than one hundred and twenty- 
five factory inspectors, not more than thirty of whom shall be 
women. Such inspectors shall be appointed by the commissioner 
of labor and may be removed by him at any time. The inspectors 
shall be divided into seven grades. Inspectors of the first grade, of 
whom there shall be not more than ninety-five, shall each receive 
an annual salary of one thousand two hundred dollars; inspectors 
of the second grade, of whom there shall be not more than 
fifty, shall each receive an annual salary of one thousand five 
hundred dollars; inspectors of the third grade, of whom there 
shall be not more than twenty-five, shall each receive an annual 
salary of one thousand eight hundred dollars; inspectors of the 
fourth grade, of whom there shall be not more than ten, shall each 
receive an annual salary of two thousand dollars and shall be 
attached to the division of industrial hygiene and act as investi" 
gators in such division; inspectors of the fifth grade, of whom there 
shall be not more than nine, one of whom shall he able to speak and 
write at least five European languages in addition to English, 



308 



Appendix I — Bills Submitted to Legislature. 



I [ 



rl 



' 



shall each receive an annual salary of two thousand five hundred 
dollars and shall act as supervising inspectors; inspectors of the 
sixth grade of whom there shall he not less than three and ond 
of whom shall be a woman shall act as medical inspectors and 
shall each receive an annual salary of two thousand five hundred 
dollars; inspectors of the seventh grade of whom there shall he 
not less than four, shall each receive an annual salary of three, 
thousand five hundred dollars; all of the inspectors of the sixth 
grade shall he phijsicians duly licensed to practice medicine in 
the state of New York. Of the inspectors of the seventh grade 
one shall he a physician duly licensed to practice medicine in the 
state of New York, and he shall he the chief medical inspector; 
one shall he a chemical engineer; one shall he a mecha/iical engi- 
neer, and an expert in ventilation and accident prevention; and 
one shall he a civil engineer, and an expert in fire prevention and 
huilding construction, 

2. Mercantile inspectors. The commissioner of lahor may a^ 
point from time to time not more than twenty mercantile in- 
spectors not less than four of whom shall be women and who may 
he removed hy him at any time. The mercantile inspectors may 
he divided into three grades hut not more than five shall he of 
the third grade. Each mercantile inspector of the first grade shall 
receive an annual salary of one thousand dollars; of the second 
grade an annual salary of one thousand two hundred dollars; and 
of the third grade an annual salary of one thousand five hundred 
dollars. 

§ 55. Division of factory inspection; factory inspection dis- 
tricts; chief factory inspectors. For the inspection of factories, 
there shall he two inspection districts to he known as the first 
factory inspection district and the second factory inspection dis- 
tncf. The first factory inspection district shall include the coun- 
ties of New York, Bronx, Kings, Queens, Richmond, Nassau and 
Suffolk. The second factory inspection district shall include all 
the other counties of the state. There shall he two chief factory 
inspectors who shall he appointed hy the commissioner of lahor 
and who may he removed hy him at any time and each of whom 
shall receive a salary of four thousand dollars a year. The inspec 
Hon of factories in each factory inspection district shall, suhject 



Appendix I — Bills Submitted to Legislatuee. 309 

to the supervision and direction of the commissioner of lahor, he 
in charge of a chief factory inspector assigned to such district hy 
the commissioner of lahor. The commissioner of lahor may desig- 
nate one of the supervising inspectors as assistant chief factory 
inspector for the first district, and while acting as such assistant 
chief factory inspector he shall receive an additional salary of five 
hundred dollars per annum. 

§ C^^l ^^' ^^'^' g^f^eral powers and duties. 1. The commis- 
sioner '^f labor shall, from time to time, divide the state into suh- 
districts, assign one factory inspector of the [fourth] fifth grade 
to each sw&-district as supervising inspector, and may in his dis- 
cretion transfer [themj such supervising inspector from one suh- 
district to another ; he shall from time to time, assign and transfer 
factory inspectors to each factory inspection district and to any 
of the divisions of the hureau of inspection; he may assign any 
factory inspector to inspect any special class or classes of factories 
or to enforce any special provisions of this chapter; and he may 
assign any one or more of them to act as clerks in any office of the 
department. 

2. The commissioner of labor may authorize any deputy com- 
missioner or assistant and any [special] agent or inspector in 
the department of labor to act as a [deputy] factory inspector 
with the full power and authority thereof. 

3. The commissioner of labor, the first deputy commissioner of 
labor and his assistant or assistants, and every factory inspector 
and every person duly authorized pursu^/it to suh-division two 
of this section, may, in the discharge of his duties enter any place, 
building of room [where and when any labor is being performed] 
which is affected by the provisions of this chapter and may enter 
any factory whenever he may have reasonable cause to believe 
that any [such] labor is being performed therein. 

4. The commissioner of labor shall visit and inspect or cause 
to be visited and inspected the factories, during reasonable hours, 
as often as practicable, and shall cause the provisions of this 
chapter and the rules and regulations of the industrial hoard to 
be enforced therein. 

5. Any lawful municipal ordinance, by-law or regulation re- 
lating to factories, in addition to the provisions of this chapter 



310 



Appendix I — Bills Submittio) to Legislatdee. 



!ir" 



I 



b 



M 



and not in conflict therewith, may be observed and enforced by 
the commissioner of labor. 

§ 57. Division of homework inspection. The division of home- 
work inspection shall he in charge of an officer or employee of 
the department of hbor designated by the commissioner of labor 
and shall subject to the supervision and direction of the commis- 
sioner of labor, have charge of all inspections of tenement houses 
and of labor therein and of all work done for factories at places 
other than such factories, 

§ 58. Division of mercantile inspection. The division of mer- 
cantile inspection shall be under the immediate charge of the 
chief mercantile inspector, but subject to the direction and super- 
vision of the commissioner of labor. The chief mercantile inr 
spector shall be appointed and be at pleasure removed by the com- 
commissioner of labor, and shall receive such annual salary not to 
exceed three thousand dollars as may be appropriated therefor. 

§ 59. Id.; general powers and duties. 1. The commissioner of 
labor may divide the cities of the first and second class of the 
state into mercantile inspection districts, assign one or more 
mercantile inspectors to each such district, and may in his dis- 
cretion transfer them from one such district to another; he may 
assign any of them to inspect any special class or classes of mer- 
cantile or other establishments specified in article twelve of this 
chapter, situated in cities of the first and second class, or to enr 
force in cities of the first or second class any special provision of 
such article. 

2. The commissioner of labor may authorize any deputy com- 
missioner or assistant and any agent or inspector in the depart- 
ment of labor to act as a mercantile inspector with the full power 
and authority thereof, 

3. The commissioner of labor, the chief mercantile inspector 
and his assistant or assistants and every mercantile inspector 
or acting mercantile inspector may in the discharge of his duties 
enter any place, building or room in cities of the first or second 
class which is affected by the provisions of article twelve of this 
chapter, and may enter any mercantile or other establishment 
specified in said article, situated in the cities of the first or second 
class, whenever he may have reasonable cause to believe that it is 
affected by the provisions of article twelve of this chapter. 



Appendix I — Bills Submitted to Legislature. 311 

Jf, The commissioner of labor shall visit and inspect or cause to 
he visited and inspected the mercantile and other establishments 
specified in article twelve of this chapter situated in cities of the 
first and second class, as often as practicable, and shall cause the 
provisions of said article and the rules and regulations of the 
industrial board to he enforced therein, 

5, Any lawful municipal ordinance, by-law or regulation relat- 
ing to mercantile or other establishments specified in article 
twelve of this chapter, in addition to the provisions of this chapter 
and not in conflict therewith, may be enforced by the commissioner 
of labor in cities of the first and second class. 

§ 60. Division of industrial hygiene. The inspectors of the 
seventh grade shall constitute the division of industrial hygiene, 
which shall be under the immediate charge of the commissioner of 
labor. The commissioner of labor may select one of the inspectors 
of the seventh grade to act as the director of such division, and 
such director while acting in that capacity shall receive an addi- 
tional compensation of five hundred dollars a year. The members 
of the division of industrial hygiene shall make special inspections 
of factories, mercantile establishments and other places subject to 
the provisions of this chapter, throughout the state, and shall con- 
duct special investigations of industrial processes and conditions. 
The commissioner of labor shall submit to the industrial board 
the recommendations of the division regarding proposed rules and 
regulations and standards to be adopted to carry into effect the 
provisions of this chapter and shall advise said board concerning 
the operation of such rules and standards and as to any changes 
or modifications to he made therein. The members of such divi- 
sion shall prepare material for leaflets and bulletins calling atten- 
tion to dangers in particular industries and the precautions to be 
taken to avoid them; and shall perform su^h other duties and 
render such other services as may be required by the commissioner 
of labor. The director of such division shall make an annual re- 
port to the commissioner of labor of the operation of the division; 
to which may be attached the individu/il reports of each member 
of the division as above specified, and same shall be transmitted 
to the legislature as part of the annual report of the commissioner 
of labor. 






312 APPE.BIX I - Bills Submitted to Leoislatuee. 

J/^*f 1^7? '^ ''''^^''"^ ^n./>ec^tW. The inspectors of the 
shall s^Bject to the supervision and direction of the director of 

ofthlTZ: '^ "'f -^"^^ '^''''^'^ '^ --^- ^^^ ^^rnediate charge 
of the cUefrnedual ^r^pector. The section of medical inspection 

iTr; ^ ''- "^'1^^' estaUishments and other places 

respect to cond^t^ons of worh affecting the health of persons el 

"^dt^"" ^"'•^'^' 'r: ''^''' '^ '^^ Physical LmZZn 
ri; zT'"^'" '^ ,ZZ children employed therein and shall 
perform such other dut^es and render such other services as the 
commissioner of labor may direct. 

§ 5 Article four of such chapter as amended by chapter two 
hundred and fifty-eight of the laws of nineteen 'hundred aid 

arlT; T I'' Tr^""'^ '^'"^^ ^^'^ ^^^-^^^ '^- place of 
folLws "' ^''''''^'^''' renumbered, and amended to read as 

ARTICLE [415. 

BUREAU OF [laBOE] STATISTICS AND INFORMATIOI^. 

Section p5l.. Bureau of [labor] statistics and information. 
L56J&^. Div%sions; f D]c?uties and powers. 
[57]^^. [Statistics] Information to be furnished upon 

request. 
[58](55. Industrial poisoning to be reported. 

§ [55]^^ Bureau of [labor] statistics and information. 
[There shal continue to be a] The bureau of [labor] statistics 
and^nformat^on, [which] shall be under the immediate charge of 
a chief statistician, but subject to the direction and supervision of 
tlie commissioner of labor. 

§ [56]^5. Divisions; [D]rfuties and powers. 1, The bureau 
of statistics and information shall have five divisions as follows- 
general labor statistics; industrial directory; industrial accidents 
and diseases; special investigations; and printing and publication. 
J here shall be such other divisions in such bureau as the commis- 
^oner of labor may deem advisable. Each of the said divisions 
shall subject to the supervision and direction of the commissioner 
of labor and of the chief statistician^ be in charge of an officer or 



Appendix I — Bills Submitted to Legislature. 313 



employee of the department of labor designated by the commis- 
sioner of labor; and each of the said divisions, in addition to the 
duties prescribed in this chapter, shall perform such other duties 
as may be assigned to it by the commissioner of labor. 

2. The [commissioner of labor] division of general labor stat- 
istics shall collect [assort, systemize and present in annual re- 
ports to the legislature, statistical details] and prepare statistics 
and general information in relation to [all departments of labor 
in the state, especially in relation to the commercial, industrial, 
social and sanitary condition of workingmen] conditions of labor 
and [to] the [productive] industries of the state. 

S. The division of industrial directory shall prepare annually 
an industrial directory for all cities and villages having a popu- 
lation of one thousand or more according to the last preceding 
federal census or state enumeration. Such directory shall contain 
information regarding opportunities and advantages for manu- 
facturing in every such city or village, the factories established 
therein, hours of labor, housing conditions, railroad and water 
connections, water power, natural resources, wages and such other 
data regarding social, economic and industrial conditions as in the 
judgment of the commissioner would be of value to prospective 
manufacturers, and their employees. If a city is divided into 
boroughs the directory shall contain such information as to each 
borough. 

Jf. The division of industrial accidents and diseases shall collect 
and prepare statistical details and general information regarding 
industrial accidents and occupational diseases, their causes and 
effects, and methods of preventing, curing and remedying them, 
and of providing compensation therefor. 

5. The division of special investigations shall have charge of all 
investigations and research work relating to economic and social 
conditions of labor conducted by such bureau. 

6. The division of printing and publication shall print, publish 
and disseminate in such manner and to such extent as the commis- 
sioner of labor shall direct, such information and statistics as the 
commissioner of labor may direct for the purpose of promoting the 
health, safety and well being of persons employed at labor. 



Il 



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314 Appendix I — Bills Submitted to Legislatukb, 

7. The commissioner of labor [He] may subpoena witnesses, 
take and hear testimony, take or cause to be taken depositions and 
administer oaths. 

§ [57]^i. [Statistics] Information to be furnished upon re- 
quest. The owner, operator, manager or lessee of any mine, 
factory, workshop, warehouse, elevator, foundry, machine shop 
or other manufacturing establishment, or any agent, superintend- 
ent, subordinate, or employee thereof, and any person employing 
or directing any labor affected by the provisions of this chapter, 
shall, when requested by the commissioner of labor, furnish any 
information in his possession or under his control which the com- 
missioner is authorized to require, and shall admit him or his duly 
authorized representative to any place [where labor is carried on] 
which is affected by the provisions of this chapter for the purpose 
of inspection. [All the statistics furnished to the commissioner 
of labor, pursuant to this article, may be destroyed by such com- 
missioner after the expiration of two years from the time of the 
receipt thereof.] A person refusing to admit such commissioner, 
or person authorized by him, for any such establishment, or to 
furnish him any information requested, or who refuses to answer 
or untruthfully answers questions put to him by such commis- 
sioner, in a circular or otherwise, shall forfeit to the people of the 
state the sum of one hundred dollars for each refusal or untruth- 
ful answer given, to be sued for and recovered by the commis- 
sioner in his name of office. The amount so recovered shall be 
paid into the state treasury. 

§ [58] 65, Industrial poisonings to be reported. 1. Every 
medical practitioner attending on or called in to visit a patient 
whom he believes to be suffering from poisoning from lead, phos- 
phorous, arsenic, [or] brass, wood alcohol, mercury or their com- 
pounds, or from anthrax, or from compressed air illness, con- 
tracted as the result of the nature of the patient's employment, 
shall send to the commissioner of labor a notice stating the name 
and full postal address and place of employment of the patient 
and the disease from which, in the opinion of the medical practi- 
tioner, the patient is suffering, with such other and further in- 
formation as may be required by the said commissioner. 



Appendix I — Bills Submitted to Legislature. 315 



2. If any medical practitioner, when required by this section 
to send a notice, fails forthwith to send the same, he shall be 
liable to a fine not exceeding ten dollars. 

3. It shall be the duty of the commissioner of labor to enforce 
the provisions of this section, and he may call upon the state and 
local boards of health for assistance. 

§ 6. Sections forty-nine and sixty-three of such chapter are 
hereby repealed. 

§ 7. Section sixty-seven of such chapter is hereby renumbered 
section twenty-two and inserted in article two after section 
twenty-one, to read as follows: 

§ [67] 22, Duties relative to apprentices. The commissioner 
of labor shall enforce the provisions of the domestic relations 
law, relative to indenture of apprentices, and prosecute employers 
for failure to comply with the provisions of such indentures and 
of such law in relation thereto. 

§ 8. Section sixty-eight of such chapter is hereby renumbered 
section ninety-nine-a, inserted at the end of article six, and 
amended to read as follows: 

§ [68] 99, Laws to be posted. [A copy or abstract] 
Copies or digests of the provisions of this chapter and of the rules 
and regulations of the industrial board, applicable thereto, in 
English and in such other languages as the commissioner of labor 
may require, to be prepared and furnished by the commissioner 
of labor, shall be kept posted by the employer in [a] such con- 
spicuous place or places as the commissioner of labor may direct 
on each floor of every factory where persons are employed who 
are affected by the provisions thereof. 

§ 9. Section sixty-nine of such chapter as amended by chapter 
three hundred and thirty-five of the laws of nineteen hundred 
and twelve, is hereby transferred to and inserted in article six 
of such chapter, instead of article five. 

§ 10. Such chapter is hereby further amended by inserting 
therein in article nine, before section one hundred and twenty, 
a new section, to be section one hundred and nineteen to read as 
follows : 

§ 119. Protection of employees in mines, tunnels and quarries. 
Every 'necessary precaution shall be taken to insure the safety 



1 






316 



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i- 4 

4 



n 
•* 



Appendix I — Bills Submitted to Legislatdbe. 



and health of employees employed in the mines and quarries and 
tn the construction of tunnels in the state. The industrial hoard 
shall have power to adopt rules and regulations to carry into 
effect the provisions of this article and may amend or repeal rules 
and regulations heretofore prescribed by the commissioner of 
labor under the provisions of this article. The rules and regula- 
tions heretofore prescribed by the commissioner of labor under 
this article shall continue in force until amended or repealed by 
the industrial board, 

§ 11. Section one hundred and twenty of such chapter is hereby 
amended to read as follows: 

§ 120. Duties of commissioner of labor relating to mines, 
tunnels and quarries ; record and report. 1. The commissioner of 
labor shall enforce the provisions of this article, the rules and 
regulations adopted by the industrial hoard pursuant thereto, and 
the rules and regulations of the commissioner of labor continued 
in force by this article, 

2, The commissioner of labor shall [see that every necessary 
precaution is taken to insure the safety and health of employees 
employed in the mines and quarries in the construction of tunnels 
of the state and shall prescribe rules and regulations therefor ; J 
keep a record of the names and location of [suchj all mines, 
tunnels and quarries, and the names of the persons or corpora- 
tions owning or operating the same ; collect data concerning the 
working thereof; examine carefully into the method of timbering 
shafts, drifts, inclines, slopes and tunnels, through which em- 
ployees and other persons pass, in the performance of their daily 
labor, and see that the persons or corporations owning and operat- 
ing such mines, and quarries and constructing tunnels comply 
with the provisions of this chapter ; and such information shall be 
furnished by the person operating such mine, tunnel or quarry, 
upon the demand of the commissioner of labor. The commis- 
sioner of labor shall keep a record of all mine, tunnel and quarry 
examinations, showing the date thereof, and the condition in 
which the mines, tunnels and quarries are found, and the manner 
of working the same. He shall make an annual report to the 
legislature during the month of January, containing a statement 
of the number of mines, tunnels and quarries visited, the number 



Appendix I — Bills Submitted to Legislature. 317 



in operation, the number of men employed, and the number and 
cause of accidents, fatal and nonfatal, that may have occurred in 
and about the same. 

§ 12. Article ten-a of such chapter is hereby renumbered arti- 
cle eleven and inserted in place of present article eleven herein- 
after renumbered. 

§ 13. Article eleven of such chapter is hereby renumbered arti- 
ticle twelve and inserted in place of present article twelve herein- 
after repealed. 

§ 14. Sections one hundred and sixty-seven, one hundred and 
sixty-eight, one hundred and sixty-nine, one hundred and seventy- 
one, one hundred and seventy-two and one hundred and seventy- 
three of such chapter are hereby amended to read as follows: 

§ 167. Registry of children employed. The owner, manager 
or agent of a mercantile or other establishment specified in sec- 
tion one hundred and sixty-one, employing children, shall keep 
or cause to be kept in the office of such establishment, a register, 
in which shall be recorded the name, birthplace, age and place 
of residence of all children so employed under the age of sixteen 
years. Such register and the certificate filed in such office shall 
be produced for inspection, upon the demand of an officer of the 
board, department or commissioner of health of the town, village 
or city where such establishment is situated, or if such establish- 
ment is situated in a city of the first or second class, upon the 
demand of the commissioner of labor. On termination of the 
employment of the child so registered and whose certificate is so 
filed, such certificate shall be forthwith surrendered bv the em- 
ployer to the child or its parent or guardian or custodian. An 
officer of the board, department or commissioner of health of the 
town, village or city where a mercantile or other establishment 
mentioned in this article is situated, or if such establishment is 
situated in a city of the first or second class the commissioner 
of labor may make demand on an employer in whose establish- 
ment a child apparently under the age of sixteen years is em- 
ployed or permitted or sufi^ered to work, and whose employment 
certificate is not then filed as required by this chapter, that such 
employer shall either furnish him, within ten days, evidence satis- 
factory to him that such child is in fact over sixteen years of 
age, or shall cease to employ or permit or suffer such child to 



I 



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11 



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in- 

i 

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318 Appendix I — Bills Submitted to Legislature. 

work in such establishment. The officer may require from such 
employer the same evidence of age of such child as is required 
on the issuance of an employment certificate; and the employer 
furnishing such evidence shall not be required to furnish any 
further evidence of the age of the child. A notice embodying 
such demand may be served on such employer personally or may 
be sent by mail addressed to him at said establishment, and if 
served by post shall be deemed to have been served at the time 
when the letter containing the same would be delivered in the 
ordinary course of the post. When the employer is a corporation 
such notice may be served either personally upon an officer of 
such corporation, or by sending it by post addressed to the office 
or the principal place of business of such corporation. The papers 
constituting such evidence of age furnished by the employer in 
response to such demand shall, except in cities of the first and 
second class, be filed with the board, department or commissioner 
of health, and in cities of the first and second class with the com- 
missioner of labor, and a material false statement made in 
such paper or affidavit by any person shall be a misdemeanor. 
In case such employer shall fail to produce and deliver to the 
officer of the board, department or commissioner of health, or 
in cities of the first and second class to the commissioner of labor, 
within ten days after such demand such evidence of age herein 
required by him, and shall thereafter continue to employ such 
child or permit or suffer such child to work in such mercantile 
or other establishment, proof of the giving of such notice and of 
such failure to produce and file such evidence shall be prima facie 
evidence in any prosecution brought for a violation of this article 
that such child is under sixteen years of age and is unlawfully 
employed. 

§ 168. Wash-rooms and water-closets. Suitable and proper 
wash-rooms and water-closets shall be provided in, adjacent to 
or connected with mercantile establishments. Such rooms and 
closets shall be so located and arranged as to be easily accessible 
to the employees of such establishments. 

Such water-closets shall be properly screened and ventilated, 
and, at all times, kept in a clean condition. The water-closets 
assigned to the female employees of such establishments shall be 
separate from those assigned to the male employees. 



Appendix I — Bills Submitted to Legislature. 319 



If a mercantile establishment has not provided wash-rooms and 
water-closets as required by this section, the board or department 
of health or healtii commissioners of the town, village or city 
where such establishment is situated, unless such establishment is 
situated in a city of the first or second class, in which case the 
commissioner of labor shall cause to be served upon the owner, 
agent or lessee of the building occupied by such establishment a 
written notice of the omission and directing such owner, agent or 
lessee to comply with the provisions of this section respecting such 
wash-rooms and water-closets. 

Such owner shall, within fifteen days after the receipt of such 
notice, cause such wash-rooms and water-closets to be provided. 

§ 169. Lunch-rooms. If a lunch-room is provided in a mer- 
cantile establishment where females are employed, such lunch- 
room shall not be next to or adjoining the water-closets, unless 
permission is first obtained from the board or department of 
health or health commissioners of the town, village or city where 
such mercantile establishment is situated, unless such establish- 
ment is situated in a city of the first or second class in which case 
such permission must be obtained from the commissioner of labor. 
Such permission shall be granted unless it appears that proper 
sanitary conditions do not exist, and it may be revoked at any 
time by the board or department of health or health commissioners 
if it appears that such lunch-room is kept in a manner or in a 
part of a building injurious to the health of the employees, unless 
such establishment is situated in a city of the first or second class, 
in which case sand permission may be so revoked by the commis- 
sioner of labor. 

§ 171. Employment of women and children in basements. 
Women or children shall not be employed or permitted to work 
in the basement of a mercantile establisment, unless permitted 
by the board or department of health, or health commissioner of 
the town, village or city where such mercantile establishment is 
situated, unless such establishment is situated in a city of the 
first or second class in which case such permission must be ob- 
tained from the commissioner of labor. Such permission shall be 
granted unless it appears that such basement is not sufficiently 
lighted and ventilated, and is not in good sanitary condition. 



I 



fj 



320 Appendix I — Bills Submitted to Legislature. 

§ 172. Enforcement of article. Except in cities of the first 
and second class the board or department of health or health com- 
missioners of a town, village or city affected by this article shall 
enforce the same and prosecute all violations thereof. Proceed- 
ings to prosecute such violations must be begun within sixty days 
after the alleged offense was committed. All officers and members 
of such boards or department, all health commissioners, inspec- 
tors and other persons appointed or designated by such boards, 
departments or commissioners may visit and inspect, at reason- 
able hours and when practicable and necessary, all mercantile or 
other establishments herein specified within the town, village or 
city for which they are appointed. No person shall interfere with 
or prevent any such officer from making such visitations and in- 
spections, nor shall he be obstructed or injured by force or other- 
wise while in the performance of his duties. All persons connected 
with any such mercantile or other establishment herein specified 
shall properly answer all questions asked by such officer or in- 
spector in reference to any of the provisions of this article. In 
cities of the first and second class the commissioner of labor shall 
enforce the provisions of this article, and for that purpose he and 
his subordinates shall posseess all powers herein conferred upon 
town, village, or city boards and departments of health and their 
commissioners, inspectors and other officers, except that the 
board or department of health of said cities of the first and second 
class shall continue to issue employment certificates as provided 
in section one hundred and sixty-three of this chapter. 

§ 173 [Copy of article to be posted. A copy of this article 
shall be posted in a conspicuous place on every floor in each es- 
tablishment wherein three or more persons are employed who are 
affected by this provision.] Laws to he posted. A copy or ab- 
stract of applicable provisions of this chapter and of the rules and 
regulations of the industrial hoard to he prepared and furnished by 
the commissioner of labor shall be kept posted by the employer in 
a conspicuous place on each floor of every mercantile or other 
establishment specified in article twelve of this chapter sitvnted in 
cities of the first or second class, wherein three or more persons 
are employed who are affected by such provisions. 

§ 15. Article twelve of such chapter is hereby repealed. 

§ 16. This act shall take effect immediately. 



Appendix I — Bills Submitted to Legislature. 321 



BILL No. 2. 

An Act 

To Amend the Penal Law, in Relation to Violations of 
Provisions of the Labor Law, the Industrial Code, the 
Rules and Regulations of the Industrial Board of 
the Department of Labor and the Orders of the 
Commissioner of Labor. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section twelve hundred and seventy-five of chapter 
eighty-eight of the laws of nineteen hundred and nine, entitled 
"An act to provide for the punishment of crime, constituting 
chapter forty of the consolidated laws," as amended by chapter 
seven hundred and forty-nine of the laws of nineteen hundred 
and eleven, is hereby amended to read as follows: 

§ 1275. Violations of provisions of labor law; the industrial 
code; the rules and regulations of the industrial board of the 
department of labor; orders of the commissioner of labor. Any 
person who violates or does not comply with any provision of the 
labor law, and provision of the industrial code, any rule or regu- 
lation of the industrial board of the department of labor, or any 
lawful order of the commissioner of labor; 

[1. The provisions of article three of the labor law, relating 
to the department of labor; 

2. The provisions of article four of the labor law, relating to 
the bureau of labor statistics ; 

3. The provisions of artcle five of the labor law, relating to 
the bureau of factory inspection; 

4. The provisions of article six of the labor law, relating to 
factories ; 

5. The provisions of artcle seven of the labor law relating to 
the manufacture of articles in tenements ; 

6. The provisions of article eight of the labor law, relating to 
bakeries and confectionery establishments ; 

21 



5 



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II 



322 Appendix I — Bills Submitted to Leoislatuee. 

7. The provisions of article eleven of the labor law, relating 
to mercantile establishments, and the employment of women and 
children therein ; 

8 A.]and any person who knowingly makes a false statement 
in or in relation to any application made for an employment cer- 
tificate as to any matter required by article six and eleven of the 
labor law to appear in any affidavit, record, transcript or certifi- 
cate therein provided for, is guilty of a misdemeanor and upon 
conviction shall be punished, except as in this chapter otherwise 
provided, for a first offense by a fine of not less than twenty nor 
more than fifty dollars; for a second offense by a fine of not less 
than fifty nor more than two hundred and fifty dollars, or by im- 
prisonment for not more than thirty days or by both such fine and 
imprisonment; for a third offense by a fine of not less than two 
hundred and fifty dollars, or by imprisonment for not more than 
sixty days, or by both such fine and imprisonment. 

§ 2. Section twelve hundred and seventy-three of such chapter 
is hereby repealed. 

§ 3. This act shall take effect immediately. 



BILL No. 3. 
An Act 

To Amend the Labor Law^ in Relation to Fire Prevention 

IN Factories. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section eighty-three-c of chapter thirty-six of the 
laws of nineteen hundred and nine, entitled "An act relating to 
labor, constituting chapter thirty-one of the consolidated laws," 
as amended by chapter three hundred and twenty-nine of the 
laws of nineteen hundred and twelve, is hereby amended to read 
as follows : 

§ 83-c. Fireproof receptacles; gas jests; smoking. 1. Every 
factory shall be provided with properly covered fireproof recep- 
tacles, the number, style and location of which shall be approved 



Appendix I — Bills Submitted to Legislature. 323 

in the city of New York by the fire commissioner, and elsewhere, 
by the commissioner of labor. There shall be deposited in such 
wceptacles all inflammable waste materials, cuttings and rubbish 
No waste materials, cuttings or [and] rubbish shall be permitted 
to accumulate on the floors of any factory but shall be removed 
therefrom not less than twice each day. All such waste materials 
cuttings and rubbish shall be entirely removed from a factory 
building at least once in each day[.], except that baled waste 
materml may be stored in fireproof enclosures provided that all 
such baled waste material shall be removed from such building at 
least once m each month. 

2. All gas jets or lights in factories shall be properly enclosed 
by globes, wire cages or otherwise properly protected in a man- 
ner approved in the city of New York by the fire commissioner 
01 such city, and elsewhere, by the commissioner of labor. 

3. [Smoking in a factory] No person shall smoke in any fac- 
tory [is prohibited]. A notice of such prohibition stating the 
penalty for violation thereof shall be posted in every entra.ee 
hall and every elevator car, and in every stairhall and room on 
every floor of such factory in English and also in such other 
language or languages as the fire commissioner of the city of 
New York in such city, and elsewhere, the state fire marshal 
snail direct. The fire commissioner of the city of New York in 
such city, and elsewhere, the state fire marshal shall enforce the 
provisions of this subdivision. 

§ 2. This act shall take effect immediately. 



BILL No. 4. 
An Act 

To Amend the Labor Law, in Relation to Fire Alarm 

Signal Systems and Fire Drills. 

The People of {he State of New York, represented in Semite 
and Assembly, do enact as follows: 

Section 1. Section eighty-three-a of chapter thirty^ix of the 
laws of nineteen hundred and nine, entitled "An act relating to 



324 Appendix I — Bills Submitted to Legislatube. 

labor, constituting chapter thirty-one of the consolidated laws," 
as amended by chapter three hundred and thirty of the laws of 
nineteen hundred and twelve, is hereby amended to read as 
follows : 

§ 83-a. Fire alarm signal systems and fire drills. 1. Every 
factory building over two stories in height in which more than 
twenty-five persons are employed above the ground floor shall be 
equipped with a fire alarm signal system with a sufficient number 
of signals clearly audible to all occupants thereof. The industrial 
board may make rules and regulations prescribing the number 
and location of such signals. Such system shall be installed by 
the owner or lessee of the building and shall permit the sound- 
ing of all the alarms within the building whenever the alarm is 
sounded in any portion thereof. Such system shall be maintained 
in good luorking order. No person shall tamper with, or render 
ineffective any portion of said system except to repair the same. 
It shall be the duty of whoever discovers a fire to cause an alarm 
to be sounded immediately. 

2. In every factory building over two stories in height in which 
more than twenty-five persons are [regularly] employed above the 
ground [or first] floor, a fire drill which will conduct all the occu- 
pants of such building to a place of safety and in which all [of] 
the occupants of such building shall participate simultaneously 
shall be conducted at least once a month [every three months 
under the supervision of the local fire department or one of its 
officers]. 

In the city of New York the fire commissioner of such city, 
and in all other parts of the state, the state fire marshal shall 
cause to be organized and shall supervise and regulate such fire 
drills, and shall make rules, regulations and special orders neces- 
sary or suitable to each situation and in the case of buildings con- 
taining more than one tenant, necessary or suitable to the adequate 
co-operation of all the tenants of such building in a fire drill of all 
the occupants thereof. Such rules, regulations and orders may 
prescribe upon whom shall rest the duty of carrying out the same. 
Such special orders may require posting of the same or an abstract 
thereof. A demonstration of such fire drill shall be given upon the 
request of an authorized representative of the fire department of 



Appendix I — Bills Submitted to Leg 



ISLATUEE. 325 



the city, vilhge or town in which the factory is located, and 
except in the city of New York, upon the request of the state fire 
marshal or any of his deputies or assistants. [Appropriate rules 
and regulations to make effective this provision shall be pre- 
pared for the city of New York by the fire commissioner of 
such city, and for other parts of the state, by the state fire mar- 
shal. Such rules and regulations shall be posted on each floor of 
every factory to which they apply.] 

S. In the city of New York the fire commissioner of such city 
and elsewhere, the state fire marshal is charged with the duty of 
enforcing this section. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL No. 5. 

An Act 

To Amend the Labor Law, in Relation to Automatic 

Speinklees. 

The People of the State of New York, represented in Semite 
and Assembly, do enact as follows: 

Section 1. Section eighty-thre^b of chapter thirty-six of the 
aws of nineteen hundred and nine, entitled "An act relating to 
labor, constituting chapter thirty^ne of the consolidated laws " 
88 amended by chapter three hundred and thirty-two of the laws 
of nineteen hundred and twelve, is hereby amended to read as 
loilows : 

§ 83-b. Automatic sprinklers. In every factory building 
heretofore erected over seven stories or over ninety feet in height 
in which wooden flooring or wooden trim is used, and in which 
any manufacturing is carried on and more than two hun- 
dred people are [regularly] employed above the seventh 
floor or more than ninety feet above the ground level of such 
building, and tn every factory building hereafter erected over 
seven stones or over ninety feet in height in which any manufac- 
turing M earned on above the seventh floor, the owner of the 



t 



326 Appendix I — Bills Submitted to Legisla^ube. 

building shall properly install a properly constructed and effec- 
tive automatic sprinkler system throughout the same. The 
sprinkler system shall have at least one automatic supply capable 
of furnishing water at a pressure of not less than fifteen pounds 
on the highest line of sprinklers. The capacity of the automatic 
supply shall be ample to furnish water to at least twenty-five per 
centum of the sprinklers on any one floor area as defined in section 
seventy-nine-a, subdivision two of this chapter for at least twenty 
minutes at the average rate of twenty gallons per head per 
minute. Automatic sprinkler systems shall also be installed in 
all other factory buildings where the safety of the occupants re- 
quires them. The industrial board shall adopt rules and regu- 
lations for the installation of automatic sprinkler systems in such 
cases. The industrial board shall also have power to adopt rules 
and regulations etsablishing requirements and standards for 
automatic sprinkler systems in addition to the foregoing require- 
ments and not inconsistent therewith. No person shall tamper 
with, or render ineffective, any portioji of an automatic sprinkler 
system J except to repair the same. [The owner of the build- 
ing shall install an automatic sprinkler system approved as to 
form and manner in the city of New York by the fire commis- 
sioner of such city, and elsewhere, by the state fire marshal. 
Such installation shall be made within one vear after this sec- 
tion takes effect, but the fire commissioner of the citv of New 
York in such city and the state fire marshal elsewhere may, for 
good cause shown, extend such time for an additional year. A 
failure to comply with this section shall be a misdemeanor as 
provided by section twelve hundred and seventy-five of the penal 
law and t]The provisions hereof shall [also J be enforced in the 
city of New York by the fire commissioner of such city in the 
manner provided by title three of chapter fifteen of the Greater 
New York charter, and elsewhere bv the state fire marshal, in 
the manner provided by article ten-a of the insurance law. 

§ 2. This act shall take effect October first, nineteen hundred 
anil thirteen. 



Appendix I — Bills Submitted to Legislature. 327 



BILL No. 6. 

An Act 

To Amend the Labob Law, in Relation to Fiee-esoapes and 
Exits in Existing Factoeies ; the Futuee Construction 
OP Factory Buildings; and the Limitation of the Num- 
ber op Occupants in Factories. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Article six of chapter thirty-six of the laws of nine- 
teen hundred and nine, entitled "An act relating to labor, con- 
stituting chapter thirty-one of the consolidated laws," is hereby 
amended by inserting therein after section seventy-nine, six new 
sections, to be sections seventy-nine-a, seventy-nine-b, seventy- 
nine^:, seventy-nine-d, seventy-nine-e and seventy-nine-f, to read 
as follows: 

§ 79-a. Construction of factory buildings hereafter erected. No 
factory shall be conducted in any building hereafter erected more 
than one story in height unless such building shall conform to the 
following requirements : 

1. All buildings more than four stories in height shall be of 
fireproof construction. The roofs of all buildings shall be covered 
with incombustible material or shall be of tar and slag or plastic 
cement supported by or applied to arches of fireproof material 
and the cornices shall be constructed of incombustible material 
AU exterior walls within twenty-five feet of any non-fireproof 
building shall be not less than eight inches thick and shall extend 
three feet above the roof. 

_ 2 Floor area and required exits. The term floor area as used 
m this section signifies the entire space between fire walls, or be- 
tween a fire wall and an exterior wall of a building, or between 
the exterior walls of the building where there is no intervening 
fire waU From every floor area there shall be not less than two 
means of exit remote from each other, one of which on every floor 
above the ground floor shall be an interior enclosed fireproof stair- 
way or an exterior enclosed fireproof stairway, and the other shall 
be such a stairway or a horizontal exit. No point in any floor 



il 



328 Appendix I — Bills Submitted to Leoislatubb. 

area shall be more than one hundred feet distant from the entrance 
to one such means of exit. Whenever any floor area exceeds five 
thousand square feet there shall be provided at least one additional 
means of exit as hereinbefore described for each five thousand 
square feet or part thereof in excess of five thousand square feet. 
In every building over one hundred feet in height there shall be 
at least one exterior enclosed fireproof stairway which shall be 
accessible from any point in the building. 

3. Stairways. All stairways shall be constructed of incom- 
bustible material and shall have an unobstructed width of at least 
forty-four inches throughout their length, except that hand rails 
may project not more than three and one-half inches into such 
width. There shall be not more than twelve feet six inches in 
height between successive landings. The treads shall be not less 
than ten inches wide exclusive of nosing, and the rise shall be 
not more than seven and three-fourths inches. No stairway with 
" winders " shall be allowed except as a connection from one 
floor to another. The treads shall be constructed and maintained 
in such manner as to prevent persons from slipping thereon. 
Every stairway shall be enclosed on all sides by fireproof parti- 
tions extending continuously from the lowest story to which such 
stairway extends to three feet above the roof and the roof of 
the enclosure shall be constructed of fireproof material at least 
four inches thick with a skylight at least thre^-fourths the area 
of the shaft. All stairways serving as required means of exit 
shall extend to the roof and shall lead continuously to the street 
or to a fireproof passageway independent of other means of exit 
from the building, opening on a road or street, or to an open 
area affording unobstructed passage to a road or street. All stair- 
ways that extend to the top story shall be continued to the roof. 
Provision shall be made for the adequate lighting of all stairways 
by artificial light. 

4. Doors and doorways. All doors shall open outwardly. The 
width of the hallways and exit doors leading to the street, at the 
street-level, shall be not less than the aggregate width of all stair- 
ways leading to them. Every door leading to or opening on a 
stairway shall have an unobstructed width of at least forty-four 
inches. 



Appendix I — Bills Submitted to Legislatube. 



329 



5. Partitions. All partitions in the interior of buildings of 
fireproof construction shall be of incombustible material. 

6. Openings to be enclosed. All elevator and dumb-waiter 
shafts, vent and light shafts, pipe and duct shafts, hoistways and 
all other vertical openings leading from one floor to another shall 
be enclosed throughout their height on all sides by enclosures of 
fireproof material. Every such enclosure shall have a roof of 
fireproof material and if the enclosure extends to the top story it 
shall be continued to three feet above the roof of the building and 
shall have at the top of a skylight in a metal frame at least three- 
fourths of the area of the shaft or exterior window with metal 
frame and sash. The bottom of the enclosure shall be of fireproof 
material unless the opening extends to the cellar bottom. All open- 
ings in such enclosures shall be provided with fireproof doors 
except that openings in the enclosures of vent and light shafts 
shall be provided either with fireproof doors or with windows 
having metal frames and sash and wired glass where glass is used. 

§ 79-b. Kequirements for existing buildings. No factory shall 
be conducted in any building heretofore erected unless such build- 
ing shall conform to the following requirements: 

1. Required exits. Every building over two stories in height 
shall be provided on each floor with at least two means of exit or 
escape from fire, remote from each other, one of which on every 
floor above the ground floor shall lead to or open on an interior 
stairway which in buildings over four stories in height shall be 
enclosed as hereinafter provided, or to an exterior enclosed fire- 
proof stairway. The other shall lead to such a stairway ; or to a 
horizontal exit ; or to an exterior screened stairway ; or when, in 
the opinion of the industrial board the safety of the occupants of 
the building would not be endangered thereby, to fire-escapes on 
the outside of the building. No point on any floor of such factory 
shall be more than one hundred feet distant from the entrance to 
one such means of exit. Whenever egress may be had from the 
roof to an adjoining or near-by structure, every stairway serving 
as a required means of exit shall be extended to the roof. All such 
stairways shall extend to the first story and lead to the street, or 
to an unobstructed passageway leading to a street or road or to an 
open area affording safe passage to a street or road. 



I.' 



f 

(I 



«) 






M 



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330 Appendix T — Bills Submitted to Legislature. 

2. Stairway enclosures. All interior stairways serving as re- 
quired means of exit in buildings more than four stories in height 
and the landings, platforms and passageways connected therewith 
shall be enclosed on all sides by partitions of fire resisting 
material extending continuously from the basement. Where the 
stairway extends to the top floor of the building such partitions 
shall extend to three feet above the roof. All openings in such 
partitions shall be provided with self closing doors constructed of 
fire resisting material except where such openings are in the ex- 
terior wall of the building. All such partitions and the doors 
provided for the openings therein shall be constructed in such 
manner as the industrial board may prescribe by its rules and 
regulations. Whenever, in the case of any existing buildings not 
over six stories in height, the industrial board shall find that the 
requirements of this and the last preceding subdivision relating 
to stairway enclosures can be dispensed with or modified without 
endangering the safety of persons employed in such buildings, the 
industrial board shall have power to adopt such rules and regxi- 
lations as may, in its opinion, meet the conditions existing in 
such buildings, which rules and regulations may make said re- 
quirements inapplicable or modify the same in such manner as 
it may find to be adapted to securing the safety of persons em- 
ployed therein. 

The industrial board shall have power to adopt rules and regu- 
lations, permitting, under conditions therein prescribed, as a sub- 
stitute for the stairway enclosures herein required the use of 
partitions heretofore constructed in such manner and of such fire 
resisting material as have heretofore been approved by the local 
authorities exercising supervision over the construction and altera- 
tion of buildings. In such cases, however, every opening in the 
enclosing partitions shall be provided with fire doors. 

3. Doors. Where five or more persons are employed on any 
floor of a factory building every door on such floor leading to or 
opening on any means of exit shall open ouUvardly or be double 
swinging doors. All exit doors in the first story, including the 
doors of the vestibule, shall open outwardly. 

4. Fire-escapes. All outside fire-escapes shall be constructed 
of wrought iron or steel and shall be so designed, constructed and 



Appendix I — Bills Submitted to Legislature. 331 



erected as to safely sustain on all platforms, balconies and stair- 
ways a live load of not less than ninety pounds per square foot 
with a factor of safety of four. Wherever practicable, a continu- 
ous run or straight run stairway shall be used. On every floor 
above the first there shall be balconies or landings embracing one 
or more easily accessible and unobstructed openings at each floor 
level, connected with each other and with the ground by means of 
a stairway constructed as hereinafter provided and well fastened 
and secured. All openings leading to outside fire-escapes shall 
have an unobstructed width of at least two feet and 
an unobstructed height of at least six feet and shall extend 
to the floor level or within six inches thereof, and shall be not 
more than seven inches above the floor of the fire-escape balcony. 
Such openings shall have metal frames and be provided with 
doors constructed of fireproof material with wired glass where 
glass is used. All windows opening upon the course of the fire- 
escape shall be fireproof windows. The balconies shall have an 
unobstructed width of at least four feet throughout their length 
and shall have a landing not less than twenty-four inches square 
at the head of every stairway. There shall be a passageway be- 
tween the stairway opening and the side of the building at least 
eighteen inches wide throughout except where the stairways reach 
and leave the balconies at the ends or where double run stair- 
ways are used. The stairway opening of the balconies shall be 
of a size sufficient to provide clear headway and shall be guarded 
on the long side by an iron railing not less than three feet in 
height. Each balcony shall be surrounded by an iron railing not 
less than three feet in height thoroughly and properly braced. 
The balconies shall be connected by stairways not less than 
twenty-two inches wide placed at an incline of not more than 
forty-five degrees, with steps of not less than eight-inch tread and 
not over eight-inch rise and provided with a hand-rail not less than 
three feet in height. The treads of such stairways shall be so 
constructed as to sustain a live load of four hundred pounds per 
step with a factor of safety of four. There shall be a similar 
stairway from the top floor balcony to the roof, except where the 
fire-escape is erected on the front of the building. A similar 
stairway shall also be provided from the lowest balcony to a safe 
landing place beneath, which stairway shall remain down perma- 



! 



1 ! 



r; 



332 Appendix I — Bills Submitted to Leoislatube. 

nently or be arranged to swing up and down automatically by 
counterbalancing weights. When not erected on the front of the 
building, safe and unobstructed egress shall be provided from the 
foot of the fire-escape by means of an open court or courts or a 
fireproof passageway having an unobstructed width of at least 
three feet throughout leading to the street, or by means of an 
open area having communication with the street; such fireproof 
passageway shall be adequately lighted at all times and the lights 
shall be so arranged as to ensure their reliable operation when 
through accident or other cause the regular factory lighting is 
extinguished. 

5. The provisions of subdivision four shall not apply where at 
the time this act takes effect there are outside fire-escapes with 
balconies on each floor of the building connected with stairways 
placed at an angle of not more than sixty degrees, provided that 
such existing outside fire-escapes have or shall be provided with 
the following: 

A stair\^ay leading from the top floor balcony to the roof, except 
where the fire-escapes are erected on the front of the building; a 
stairway not less than twenty-two inches wide from the lowest 
balcony to a safe landing place beneath, which stairway remains 
down permanently or is arranged to swing up and down by 
coimter-balancing weights; a safe and unobstructed exit to the 
street from the foot of such fire escapes as provided in subdivi- 
sion four hereof ; steps connecting the sill of every opening lead- 
ing to the fire-escapes with the floor wherever such sill is more 
than three feet above the floor level ; and all openings leading to 
the fire escapes provided with windows having metal frames and 
sash and with wired glass where glass is used, or with doors con- 
structed in accordance with the requirements of subdivision four ; 
and all windows opening upon the course of the fire-escape pro- 
vided with fireproof windows. 

§ 79-c. Additional requirements common to buildings hereto- 
fore and hereafter erected. No factory shall be conducted in any 
building imless such building shall be so constructed, equipped 
and maintained in all respects as to afford adequate protection 
against fire to all persons employed therein, nor unless, in addi- 
tion to the requirements of section seventy-nine-a in the case of a 
building hereafter erected or of section seventy-nine-b in the case 



* 



Appendix I — Bills Submitted to Legislatuke. 333 



of a building heretofore erected, such building shall conform to 
the following requirements: 

1. Stairways. Stairways shall be provided with proper and 
substantial hand-rails. Where the stairway is enclosed by fire- 
proof partitions the bottom of the enclosure shall be of fireproof 
material at least four inches thick unless the fireproof partitions 
extend to the cellar bottom. All stairways that extend to the 
top story shall be continued to the roof. 

"1, Doors and windows. No doors, window or other opening on 
any floor of a factory building shall be obstructed by stationary 
metal bars, grating or wire mesh. Metal bars, grating or wire 
mesh provided for any such door, window or other opening shall 
be so constructed as to be readily movable or removable from both 
sides in such manner as to afford the free and unobstructed use of 
such door, window or other opening as a means of egress in case of 
need and they shall be left unlocked during working hours. Every 
door opening on a stairway or other means of exit shall so open as 
not to obstruct the passageway. A clearly painted sign marked 
"exit" in letters not less than eight inches in height shall be 
placed over all exits leading to stairways and other means of 
egress, and in addition a red light shall be placed over all such 
exits for use in time of darkness. 

3. Access to exits. There shall at all times be maintained con- 
tinuous, safe, unobstructed passageways on each floor of the build- 
ing, with an unobstructed width of at least three feet throughout 
their length leading directly to every means of egress, including 
outside fire-escapes and passenger elevators. All means of egress 
shall be maintained in an unobstructed condition. No door lead- 
ing into or out of any factory or any floor thereof shall be locked, 
bolted or fastened during working hours. 

4. Eegulation by industrial board. The industrial board shall 
have power to adopt rules and regulations and establish require- 
ments and standards for construction, equipment and maintenance 
of factory buildings or of particular classes of factory buildings 
and the means and adequacy of exit therefrom in order to carry 
out the purposes of this chapter in addition to the requirements 
of this section and of sections seventy-nine-a and seventy-nine-b 
and not inconsistent therewith. 



I ■ 









f 



334 Appendix I — Bills Submitted to Legislature. 

§ 79-d. Effect of foregoing provisions; inspection of buildings 
and approval of plans. 1. Effect of foregoing provisions. The 
requirements of sections seventy-nine-a, seventy-nine-b and 
seventj-nine-c are not in substitution for the requirements of any 
general or special law or local ordinance relating to the construc- 
tion, equipment or maintenance of buildings, but the provisions 
of such general and special laws and local ordinances shall be 
observed as well as the provisions of said sections. The pro- 
visions of sections seventj-nine-a, seventy-nine-b and seventy- 
nine-c shall supersede all provisions inconsistent therewith in any 
special law or local ordinance, and any provision of law or 
ordinance which gives power to any officer to establish require- 
ments inconsistent with the provisions of such sections or the 
rules and regulations adopted by the industrial board under the 
provisions of this article. 

2. Inspection of buildings. The officer of any city, village or 
town having power to inspect buildings therein for the purpose of 
determining their conformity to the requirements of law or ordi- 
nance governing the construction thereof, shall, whenever requested 
by the commissioner of labor, inspect any factory building therein 
and certify to the commissioner of labor in detail whether or not 
such building conforms to the requirements of this chapter and 
the rules and regulations of the industrial board, and such cer- 
tificate shall be filed in the office of the commissioner of labor and 
shall be presumptive evidence of the truth of the matters therein 
stated. 

3. Approval of plans. Before construction or alteration of a 
building in which it is intended to conduct one or more factories, 
the plans and specifications for such construction or alteration 
may be submitted to the commissioner of labor and filed in hia 
office in such form and with such information as may be required 
by him or by the rules and regulations of the industrial board, 
and if such plans and specifications comply with the requirements 
of this chapter and the rules and regulations of the industrial 
board, he shall issue his certificate approving the same, which 
certificate shall bear the date when issued. Whenever any cer- 
tificate shall be issued by the commissioner of labor under this 
section the particulars of such certificate shall be recorded and 
indexed in the records of his office. Before issuing any such cer- 



Appendix I — Bills Submitted to Legislatube. 335 



tificate the commissioner of labor may request the officer of the 
city, village or town in which such building is located having 
power to examine and pass upon plans for construction of build- 
ings with reference to their conformity to the requirements of 
law or ordinance governing the construction thereof, to examine 
such plans and specifications and to certify to the commissioner of 
labor whether or not such plans and specifications conform to the 
requirements of this chapter and the rules and regulations of the 
industrial board, and such officer shall thereupon make such 
examination and so certify in detail to the commissioner of labor 
and such certificate shall be filed in the office of the commissioner 
of labor and shall be presumptive evidence of the truth of the 
matters therein stated. 

4. Certificate of compliance. After such construction or 
alteration shall be completed, the commissioner of labor shall, 
when requested by the owner or person filing such plans, ascertain 
by inspection or in the manner provided in subdivision two of 
this section, whether such building conforms to the requirements 
of this chapter and the rules and res^ulations of the industrial 
board; and if he finds that it does conform thereto, shall issue 
his certificate to that effect, which shall bear the date when issued. 

§ 79-e. Limitation of number of occupants. The number of 
persons who may occupy any factory building or portion thereof 
above the ground floor shall be limited to such a number as can 
safely escape from such building by the means of exit provided 
in the building. 

1. In buildings hereafter erected no more than fourteen persons 
shall be employed or permitted or suffered to work on any one 
floor for every full twenty-two inches in width of stairwav con- 
forming to the requirements for a required means of exit except 
as to extension to the roof, provided for such floor. 'No allowance 
shall be made for any excess in width of less than twentv-two 
inches. 

2. In buildings heretofore erected no more than fourteen 
persons shall be employed or permitted or suffered to work on 
any one floor for every eighteen inches in width of stairway pro- 
vided for such floor and conforming to the requirements for a 
required means of exit except as to extension to the roof, and for 
any excess in width of less than eighteen inches, a proportionate 



*r 



Ill 



336 Appendix I — Bills Submitted to Legislature. 

increase in the number of occupants shall be allowed. Where the 
industrial board shall find that the safety of the occupants of any 
such building will not be endangered thereby, it may fellow an 
increase in the number of occupants of any floor in such building 
to a number not greater than at the rate of twenty persons for 
every eighteen inches in width of such stairway provided for 
such floor, with a proportionate increase in the number of occu- 
pants for any excess in width of less than eighteen inches. 

3. In any building for every additional sixteen inches over ten 
feet in height between two floors, one ^additional person may be 
employed on the upper of such floors for every eighteen inches in 
width of stairway leading therefrom to the lower of such floors 
in buildings heretofore erected, and one for every twenty-two 
inches in width of such stairway in buildings hereafter erected, 
provided that such stairways conform to the requirements for 
required means of exit as to extension to the roof. 

4. In any building, if any stairway has steps of the type known 
as "winders," a deduction of ten per centum shall be made in 
counting the capacity of such stairway. 

6. In any building where the stairways and stairhalls are en- 
closed in fireproof partitions or where, at the time this act takes 
effect, the stairways and stairhalls are enclosed in partitions of 
brick, concrete, terra-cotta blocks or reinforced concrete con- 
structed in a maimer heretofore approved by the superintendent 
of buildings of the city of New York having jurisdiction if in 
such city, or elsewhere in the state, in a manner conforming to 
the rules and regulations to be adopted by the industrial board 
under the provisions of subdivision two of section seven ty-nine-b, 
all openings in which enclosing partitions are or shall hereafter 
be provided with fireproof doors, in either of such cases so many 
additional persons may be employed on any floor as can occupy 
the enclosed stairhall or halls on that floor, allowing five square 
feet of unobstructed floor space per person. 

6. In any building where a horizontal exit is provided on any 
floor such number of persons may be employed on such floor as 
can occupy the smaller of the two spaces on such floor on either 
side of the fireproof partitions or fire walls, or as can occupy the 
floor of an adjoining or near-by building which is connected with 
such floor by openings in the wall or walls between the buildings 






Appendix I — Bills Submitted to Legislatuke. 337 

or by exterior balconies or bridges, in addition to the occupants 
of such connected floor in such adjoining or near-by building, 
allowing five square feet of unobstructed floor space per person, 
provided that the partitions or walls or balconies through which 
the horizontal exit is provided to such other portion of the same 
building or to such adjoining or near-by building shall have door- 
ways of sufficient width to allow eighteen inches in width of open- 
ing for each fifty persons or fraction thereof so permitted to be 
employed on such floor in the case of horizontal exits heretofore 
constructed and twenty-two inches in the case of horizontal exits 
hereafter constructed. 

7. In any building heretofore erected of fireproof construction, 

where any fioor is subdivided by partitions of brick, terra cotta or 

concrete not less than four inches thick extending continuously 

from the fireproofing of the floor to the underside of the fireproof- 

ing of the floor above with all openings protected by fireproof doors 

not less than forty-four inches nor more than sixty-six inches in 

width, and in which all the windows on such floor and on the 

two floors directly underneath are fireproof windows, such number 

of persons may be employed on such floor as can occupy the 

smaller of the two spaces on either side of such partitions, allowing 

^ve square feet of unobstructed floor space per person, provided 

there shall be on each side of said partitions at least one stairway 

conforming to the requirements for a required means of exit; and 

provided further that such partitions have doorways of sufficient 

width to allow eighteen inches in width of openings for each 

fifty persons or fraction thereof so permitted to occupy such floor, 

and that such doorways shall be kept unlocked and unobstructed 

during working hours. The provisions of this subdivision shall 

apply to any fireproof building heretofore erected which may 

hereafter be made to conform to the requirements of this section. 

8. In any building the number of persons permitted to be em- 
ployed on any one floor under the provisions of subdivision one, 
two and three of this section may be increased fifty per centum 
where there is constructed, installed and maintained throughout 
the building an automatic sprinkler system conforming to the 
requirements of section eighty-three-b of this chapter and to the 
rules and regulations of the industrial board. 

22 



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H 



338 Appendix I — Bills Submitted to Legislature. 

9. In any building, the number of persons who may be em- 
ployed in any one floor shall in no event exceed such number as 
can occupy such floor, allowing thirty-six square feet of floor space 
per person if the building is not of fireproof construction, and 
thirty-two square feet of floor space per person if the building is 
of fireproof construction. 

10. Where one floor is occupied by more than one tenant, the 
industrial board shall have power to make rules and regulations 
prescribing how many of the persons allowed to occupy such 
floor under the provisions of this section, may occupy the space 
of each tenant. 

11. Posting. In every factory, two stories or over in height, 
the commissioner of labor shall cause to be posted notices specify- 
ing the number of persons that may occupy each floor thereof in 
accordance with the provisions of this section. Every such notice 
shall be posted in a conspicuous place in every stairhall and work- 
room. If any one floor is occupied by more than one tenant, such 
nMtices shall be posted in the space occupied by each tenant, 
8 nd shall state the number of persons that may occupy such space. 
]]very such notice shall bear the date when posted. 

§ 79-f. Meaning of terms. The following terms when used in 
this article shall have the following meaning: 

1. Fireproof construction. A building shall be deemed to be 
of fireproof construction if it conforms to the following require- 
ments: All walls constructed of brick, stone, concrete or terra- 
cotta; all floors and roofs of brick, terra-cotta or reinforced con- 
crete placed between steel or reinforced concrete beams and gir- 
ders ; all the steel entering into the structural parts encased in at 
least two inches of fireproof material, excepting the wall columns, 
which must be encased in at least eight inches of masonry on the 
outside and four inches on the inside ; all stairwells, elevator wells, 
public hallways and corridors enclosed by fireproof partitions ; all 
doors, fireproof; all stairways, landings, hallways and other floor 
surfaces of incombustible material ; no woodwork or other combus- 
tible material used in any partition, furring, ceiling or floor ; and 
all window frames, doors and sash, trim and other interior finish 
of incombustible material ; all windows shall be fireproof windows 
except that in buildings under seventy feet in height fireproof win- 



Appendix I — Bills Submitted to Legislatuke. 339 

dows are required only when within thirty feet of another build- 
ing or opening on a court or space less than thirty feet wide ; ex- 
cept that in buildings under one hundred feet in height there may 
be wooden sleepers and floor finish and wooden trim, and except 
that in buildings under one hundred and fifty feet in height here- 
tofore constructed there may be wooden sleepers, floor finish and 
trim and the windows need not be fireproof windows, excepting 
when such windows are within thirty feet of another building. 

2. Fireproof material is material which is incombustible and 
is capable of resisting the effect of fire in such manner and to 
such extent as to insure the safety of the occupants of the build- 
ing. The industrial board shall determine and in its rules and 
regulations shall specify what materials are fireproof materials 
within the meaning hereof. The industrial board shall also 
determine and in its rules and regulations shall specify what ma- 
terials not being fireproof materials, within the meaning hereof, 
are fire resisting materials. Fire resisting material, when re- 
quired by any of the provisions of this chapter, shall conform to 
the requirements of such rules and regulations. 

3. Incombustible material is material which will not burn or 
support combustion. 

4. A fire wall is a wall constructed of brick, concrete, terra- 
cotta blocks or reinforced stone concrete, and having at each 
floor level one or more openings each protected by fire doors so 
constructed as to prevent the spread of fire or smoke through the 
openings. In buildings of nonfireproof construction fire walls 
shall be at least twelve inches in thickness and shall extend con- 
tinuously from the cellar floor through the entire building and at 
least three feet over the roof and be coped ; except that walls here- 
tofore erected not less than eight inches in thickness, but other- 
wise conforming to the requirements of this subdivision shall be 
considered fire walls within the meaning of this subdivision. No 
opening in such wall shall exceed sixty-six inches in width or sixty 
square feet in area, except that where openings not exceeding eight 
feet in width exist in fire walls heretofore erected, such walls may 
be considered fire walls within the meaning of this subdivision, 
and in the case of fire walls hereafter constructed no two openings 
in the same wall and at the same floor level shall be nearer than 
forty feet from the center of one opening to the center of another. 



, » 



340 Appendix I — Bills Submitted to Legislatube. 

Every opening in a fire wall shall be protected by a fire door clos- 
ing automatically on each side of the wall. At every opening in 
the fire wall there shall be an incombustible floor finish extending 
over the floor for the full thickness of the wall so as to completely 
separate the woodwork of the floors on each side of the fire wall. 
In fireproof buildings the fire walls shall comply with the fore- 
going requirements in all respects excepting that they may be of 
the thickness required by the provisions of this section with re- 
spect to fireproof partitions ; such fire walls and fireproof parti- 
tions shall be continuous, from the cellar floor to the under side of 
the fireproof roof. 

5. Fireproof partitions shall be built of brick, concrete, rein- 
forced concrete or terra cotta blocks. When built of brick or 
concrete they shall be not less than eight inches in thickness for 
the uppermost forty feet, and shall increase four inches in thick- 
ness for each additional lower forty feet or part thereof; or, when 
wholly supported by suitable steel framing at vertical intervals 
of not over forty feet, they may be eight inches in thickness 
throughout their entire height. When wholly supported at ver- 
tical intervals of not over twenty-five feet, and built of terra cotta 
blocks, they shall be not less than six inches in thickness and 
when so supported and built of reinforced stone concrete, they 
shall be not less than four inches in thickness. The supporting 
steel framework shall be properly encased on all sides by not less 
than two inches of fireproof material, securely fastened to the steel 
work. All openings in such partitions shall be provided with 
fire doors. 

6. Fire doors. Fire doors shall be metal-covered doors, or 
doors of such other material as shall be specified in the rules and 
regulations of the industrial board. They shall be provided with 
self-closing devices and have incombustible sills. The industrial 
board shall determine, and in its rules and regulations shall 
specify, the material and mode and manner of construction and 
erection of such doors. 

7. Fireproof windows shall be windows constructed of metal 
frames and sash and provided with wired glass and of the auto- 
matic, self-closing type. 

8. Exterior enclosed fireproof stairways shall be stairways 
completely enclosed from top to bottom by walls of fireproof 



Appendix I — Bills Submitted to Legislature. 341 



material not less than eight inches thick extending from the side- 
walk, court or yard level to the roof, and with walls extending 
above the roof so as to form a bulkhead. The stairway shall in 
all other respects conform to the requirements of this article in 
regard to enclosed stairways. There shall be no opening in any 
wall separating the exterior enclosed fireproof stairway from the 
building. Access shall be provided to the stairway from every 
floor of the building by means of an outside balcony or vestibule 
of steel, iron or masonry. Every such balcony or vestibule shall 
have an unobstructed width of at least forty-four inches and shall 
be provided with a fireproof floor and a railing of incombustible 
material not less than three feet high. Access to such balconies 
from the building and to the stairway from the balconies, shall 
be by means of fire doors. The level of the balcony floor shall be 
not more than seven inches below the level of the door sill of the 
building. The doors shall be not less than forty-four inches wide 
and shall swing outward onto the balcony and inward from the 
balcony to the stairway, and shall be provided with locks or latches 
with visible fastenings requiring no key to open them in leaving 
the building. The landings in such stairway shall be of such 
width that the doors in opening into the stairway shall not reduce 
the free passageway of the landings to a width less than the width 
of the stairs. Every such stairway shall be provided with a 
proper lighting system which shall furnish adequate light and 
shall be so arranged as to ensure its reliable operation when, 
through accident or other cause, the regular factory lighting is 
extinguished. The balconies giving access to such stairways shall 
be open on at least one side upon an open space not less than 
one hundred square feet in area. 

9. Horizontal exit. A horizontal exit shall be the connection 
by means of one or more openings not less than forty-four inches 
wide, protected by fire doors, through a fire wall in any building, 
or through a wall or walls between two buildings, which doors 
shall continuously be unlocked and the opening unobstructed 
whenever any person is employed on either side of the opening. 
Exterior balconies and bridges not less than forty-four inches in 
width connecting two buildings and not having a gradient of 
more than one foot fall in six, may also be counted as horizontal 
exits when the doors opening out upon said balconies or bridges 



•mmm 






342 Appendix I — Bills Submitted to Legislature. 

are fireproof doors and are level with the floors of the building, 
and when all doors of both buildings opening on such balconies 
or bridges are continuously kept unlocked and unobstructed when- 
ever any person is employed on either side of the exit, and when 
such balconies or bridges are built of incombustible material and 
are capable of sustaining a live load of not less than ninety 
pounds per square foot with a factor of safety of four ; and when 
such balconies or bridges are enclosed on all sides to a height of 
not less than six feet and on top and bottom by fireproof material, 
unless all windows or openings within thirty feet of such balconies 
in the connected buildings shall be encased in metal frames and 
sash and shall have wired glass where glass is used. In any case 
there shall be on each side of the wall or partition containing the 
horizontal exit and independent of said horizontal exit, at least 
one stairway conforming to the requirements for a required means 
of exit 

10. Exterior screened stairways used as one of the required 
means of exit in buildings heretofore erected shall be built of in- 
combustible material. The risers of the stairs shall be not more 
than seven and three-quarters inches in height and the treads not 
less than ten inches wide. On each floor there shall be a balcony 
connecting with the stairs. Access to the balconies shall be by 
means of fire doors that shall open outwardly, so as not to ob- 
struct the passageway, or slide freely, and shall extend to the 
floor level. All windows or other openings opening upon the 
course of such stairs shall be fireproof. The level of the balcony 
floor shall not be more than seven inches below the level of the 
door sill. The stairs shall continue from the roof to the ground 
level, and there shall be independent means of exit from the 
bottom of such stairs to the street or to an open court or to a fire- 
proof enclosed passageway leading to the street or to an open 
area having communication with the street or road. The balconies 
and stairs shall be enclosed in a screen of incombustible material. 

11. The provisions of subdivisions four to nine inclusive of this 
section shall apply to all buildings hereafter erected and to all 
construction hereafter made in buildings heretofore erected. The 
industrial board shall adopt rules and regulations regulating con- 
struction heretofore made in buildings heretofore erected requir- 
ing compliance with such of the requirements of the said sub- 



Appendix I — Bills Submitted to Legislature. 343 

divisions or with such other or different requirements as said 
board may find to be reasonable and adequate to protect persons 
employed in such buildings against fire. 

§ 2. Sections eighty, eighty-two and eighty-three of such chap- 
ter are hereby repealed. 

§ 3. This act shall take effect October first, nineteen hundred 
and thirteen, except that section seventy-nine-e of the labor law 
as added by this act shall take effect February first, nineteen 
himdred and fourteen. 



BILL 'No. 7. 
An Act 

To Amend the Greater New York Charter^ in Relation to 

The Better Prevention of Fires. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section seven hundred and seventy-four of the 
Greater New York charter, as re-enacted by chapter four hundred 
and sixty-six of the laws of nineteen hundred and one and as 
added by chapter eight hundred and ninety-nine of the laws of 
nineteen himdred and eleven, is hereby amended to read as 
follows : 

§ 774. The commissioner shall enforce all laws and ordinances 
and the rules and regulations of the industrial hoard of the de- 
partment of labor in respect of 

1. The prevention of fires ; 

2. The storage, sale, transportation or use of combustibles, 
chemicals and explosives; 

3. The installation and maintenance of automatic or other fire- 
alarm systems and fire-extinguishing equipment; 

4. The means and adequacy of exit, in case of fire, from all 
buildings, structures, enclosures, vessels, places and premises in 
which numbers of persons work, live, or congregate from time to 
time for any purpose except tenement-houses and except factories 
05 defined by the labor law. 






i3. 



344 Appendix I — Bills Submitted to Legislatueb. 

5. The investigation of the cause, circiunstances and origin of 
fires and the suppression of arson. 

§ 2. Subdivisions two and three of section seven hundred and 
seventy-five of such chapter are hereby amended to read as 
follows : 

2. Order, in writing, the remedying of any condition found to 
exist in, on or about any building, structure, enclosure, vessel, 
place or premises, except tenement-houses, and except factories as 
defined by the labor law, in violation of any law or ordinance in 
respect to fires or to the prevention of fires, except the tenement- 
house law; 

3. Eequire, in writing, the installation, as prescribed by any 
law or ordinance or by the rules and regulations of the industrial 
board of the department of labor, in any building, structure or 
enclosure of automatic or other fire-alarm system of fire-extin- 
guishing equipment and the maintenance and repaid-- thereof, or 
the construction, as prescribed by any law or ordinance, of ade- 
quate and safe means of exit from all buildings and structures 
except tenement houses and except factories as defined by the 
labor law; 

§ 3. Section seven hundred and seventy-seven of such chapter 
is hereby amended to read as follows : 

§ 777. The owner, lessee or occupant of any building, struc- 
ture, vessel, enclosure, place or premises affected by any order of 
the department, or his agent, may make written demand upon the 
commissioner for a survey of such building, structure, vessel, en- 
closure, place or premises to determine whether or not such order 
is valid and reasonable, which demand for survey must be served 
upon the commissioner or one of his deputies, or a member of the( 
uniformed force of the department, if personal service cannot bo 
made upon the commissioner or one of his deputies, within forty- 
eight hours, Sundays and holidays excluded, after the service of 
the order referred to in such demand. A demand for survey 
served upon a deputy commissioner or a member of the uniformed 
force of the department shall be forthwith transmitted to the com- 
missioner. Upon receipt of a demand for a survey the commis- 
sioner shall immediately issue an order for the same, naming 
therein three persons to act as surveyors, one of whom shall be an 
officer or an employee of the bureau of fire prevention or a mem- 



Appendix I — Bills Submitted to Legislature. 345 

ber of the municipal explosives commission; anoliher shall be an 
architect or builder of at least ten years' experience, nominated by 
the person demanding the survey, and the third a person to be 
chosen by the fire commissioner from a list to be furnished by the 
[board of fire underwriters J New York Chapter of the American 
Institute of Architects, if the premises be in the borough of Man- 
hattan, the Bronx or Richmond, or by the Brooklyn Chapter of 
the American Institute of Architects, if the premises be in the 
borough of Brooklyn or Queens, or by the New York Society of 
Architects, or by the American Institute of Consulting Engineers, 
or provided by the commissioner, with the approval of the mayor, 
in the event [of the board of fire underwriters] that such chapter 
or such society or institute shall not furnish such a list. The 
date and hour when the survey shall be made shall be stated in 
the order therefor, A copy of such order shall be served upon the 
person demanding the survey at least twenty-four hours before the 
hour fixed in the order for the holding of such survey and he shall 
have the right to be present and be heard at the same in person, or 
by agent or attorney; provided that such copy of an order of sur- 
vey may be served as provided generally in respect of service of 
orders of the department, by section seven hundred and seventy- 
five of this act. If the person demanding the survey neglects or 
refuses to appoint such surveyor, the other two surveyors may 
make such survey; and in case of disagreement of the latter they 
m>ay appoint a third person to take part in such survey who shall 
also be an architect or builder of at least ten years' experience, 

§ 4. Section seven hundred and seventy-five-a of the Greater New 
York charter, as added by chapter four hundred and fifty-eight of 
the laws of nineteen hundred and twelve, is hereby repealed. 

§ 5. This act shall take effect October first, nineteen hundred 
and thirteen. 

BILL No. 8. 

An Act 

To Amend the Labor Law, in Relation to the Employment 
OF Children Under Fourteen Years in or for a Fac- 
tory, THE Definition of a Factory, Factory Building 
AND Tenement House. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 



346 Appendix I — Bills Submitted to Leoislatubs. 

Section 1. Section two of chapter thirty-six of the laws of 
nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws/' is hereby 
amended to read as follows: 

§ 2. Definitions. Employee. The term "employee," when 
used in this chapter, means a mechanic, workingman or laborer 
who works for another for hire. 

Employer. The term " employer," when used in this chapter, 
means the person employing any such mechanic, workingman or 
laborer, whether the owner, proprietor, agent, superintendent, 
foreman or other subordinate. 

Factory; work for a factory. The term " factory," when used 
in this chapter, shall be construed to include [alsoj any mill, 
workshop, or other manufacturing or business establishment and 
all buildings, sheds, structures or other places used for or in con- 
nection therewith, where one or more persons are employed at 
labor. Work shall he deemed to he done for a factory within the 
meaning of this chapter whenever it is done at any place, upon 
the work of a factory or upon any of the materials entering into 
the product of the factory, whether under contract or arrangement 
with any person in charge of or connected with such factory 
directly or indirectly through the instrumentality of one or more 
contractors or other third persons. 

Factory huilding. The term " factory huilding," when used in 
this chapter, means any huilding, shed or structure which, or any 
part of which, is occupied hy or used for a factory. 

Mercantile establishment. The term "mercantile establish- 
ment," when used in this chapter, means any place where goods, 
wares or merchandise are offered for sale. 

Tenement house. The term " tenement house," when used in 
this chapter, means any house or building, or portion thereof, 
which is either rented, leased, let or hired out, to be occupied, or 
is occupied in whole or in part as the home or residence of three 
families or more living independently of each other, and doing 
their cooking upon the premises, and [having a common right in 
the halls, stairways, yards, water closets or privies, or some of 
them,J includes apartment houses, flat houses and all other houses, 
so occupied, and for the purposes of this chapter shall be construed 
to include any building on the same lot with any [dwell ingj 



Appendix I — Bills Submitted to Legislature. 347 

mch tenement house and which is used for any of the purposes 
specified in section one hundred of this chapter. 

Whenever, in this chapter, authority is conferred upon the 
commissioner of labor, it shall also be deemed to include his dep- 
uties or a deputy acting under his direction. 

§ 2. Section seventy of such chapter is hereby amended to read 
as follows: 

§ 70. Employment of minors. IN'o child under the age of four- 
teen years shall be employed, permitted or suffered to work in or 
in connection with any factory in this state [.]. or for any factory 
at any place in this state. No child between the ages of fourteen 
and sixteen years shall be so employed, permitted or suffered to 
work unless an employment certificate, issued as provided in this 
article, shall have been theretofore filed in the office of the em- 
ployer at the place of employment of such child. Nothing herein 
contained shall prevent a person engaged in farming from per- 
mitting his children to do farm work for him upon his farm. 
Boys over the age of twelve years may he employed in gathering 
produce for not more than six hours in any one day suhject to 
the requirements of the Compulsory E duration Law, and all acts 
amendatory thereto. 

% 3. This act shall take effect immediately. 



BILL No. 9. 

An Act 

To Amend the Labor Law, in Relation to the Manufacture 
OF Articles in Tenement Houses. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Article seven of chapter thirty-six of the laws of 
nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," is hereby 
amended to read as follows : 



« 



I, 
V 



i 



348 Appendix I — Bills Submitted to Legislature. 

AKTICLE 7. 

Tenement-made Articles. 

Section 100. Manufacturing, altering, repairing or finishing ar- 
ticles in tenements. 

101. Eegister of persons to whom work is given; identifi- 

cation label, 

102. Goods unlawfully manufactured to be labelled. 

103. Powers and duties of boards of health relative to 

tenement-made articles. 

104. [Inspection of articles manufactured in other 

states. J Manufacture of certain articles in tene- 
ments prohibited, 

105. Owners of tenement [and dwelling] houses not to 

permit the unlawful use thereof. 

106. Factory permits, 

§ 100. Manufacturing, altering, repairing or finishing articles 
in tenements. 1. No tenement house nor any part thereof shall 
be used for the purpose of manufacturing, altering, repairing or 
finishing therein, any [coats, vests, knee-pants, trousers, overalls, 
cloaks, hats, caps, suspenders, jerseys, blouses, dresses, waists, 
waistbands, underwear, neckwear, furs, fur trimmings, fur gar- 
ments, skirts, shirts, aprons, purses, pocket books, slippers, paper 
boxes, paper bags, feathers, artificial flowers, cigarettes, cigars, 
umbrellas, or articles of rubber, nor for the purpose of manufac- 
turing, preparing or packing macaroni, spaghetti, ice cream, ices, 
candy, confectionery, nuts or preserves] articles whatsoever 
except for the sole and exclusive use of the person so using any 
pari of such tenement house or the members of his household, 
without a license therefor as provided in this article. But noth- 
ing herein contained shall apply to collars, cuffs, shirts or shirt 
waists made of cotton or linen fabrics that are subjected to the 
laundrying process before being offered for sale. 

2. Application for such a license shall be made to the commis- 
sioner of labor by the owner of such tenement house, or by his 
duly authorized agent. Such application shall describe the house 
by street number or otherwise, as the case may be, in such manner 
as will enable the commissioner of labor easily to find the same ; 



Appendix I — Bills Submitted to Legislature. 349 



it shall also state the number of apartments in such house; it 
shall contain the full name and address of the owner of the said 
house, and shall be in such form as the commissioner of labor may 
determine. Blank applications shall be prepared and furnished 
by the commissioner of labor. 

3. Upon receipt of such application the commissioner of labor, 
shall consult the records of the local health department or board, 
or other appropriate local authority charged with the duty of sani- 
tary inspection of such houses; if such records show the pres- 
ence of any infectious, contagious or communicable disease, or the 
existence of any uncomplied-with order or violations which indi- 
cate the presence of unsanitary conditions in such house, the com- 
missioner of labor may, without making an inspection of the build- 
ing, deny such application for a license, and may continue to deny 
such application until such time as the records of said department, 
board or other local authority show that the said tenement house 
is free from the presence of infectious, contagious or communicable 
disease, and from all unsanitary conditions. Before, however, 
any such license is granted, an inspection of the building sought 
to be licensed must be made by the commissioner of labor, and a 
statement must be filed by him as a matter of public record, to the 
effect that the records of the local health department or board or 
other appropriate authority charged with the duty of sanitary in- 
spection of such houses show the existence of no infectious, con- 
tagious or communicable disease nor of any unsanitary conditions 
in the said house ; such statement must be dated and signed in ink 
with the full name of the employee responsible therefor. A simi- 
lar statement similarly signed, showing the results of the inspec- 
tion of the said building, must also be filed in the office of the com- 
missioner of labor before any license is granted. If the commis- 
sioner of labor ascertain that such building is free from infectious, 
contagious or communicable disease, that there are no defects of 
plumbing that will permit the [free] entrance of sewer air, that 
such building is in a clean and proper sanitary condition and that 
[the] articles [specified in this section] may be manufactured 
therein under clean and healthful conditions, he shall grant a 
license permitting the use of such building, for the purpose of 
manufacturing[, altering, repairing or finishing such articles]. 



I 



I 



350 Appendix I — Bills Submitted to Legislature. 

4. Such license may be revoked by the commissioner of labor if 
the health of the community or of the employees requires it, or if 
the owner of the said tenement house, or his duly authorized agent, 
fails to comply with the orders of the commissioner of labor 
within ten days after the receipt of such orders, or if it appears 
that the building to which such license relates is not in a healthy 
and proper sanitary condition, or if children are employed therein, 
in violation of section seventy of this chapter. In every case 
where a license is revoked or denied by the commissioner of labor^ 
the reasons therefor shall be stated in writing, and the records of 
such revocation or denial shall be deemed public records. Where 
a license is revoked, before such tenement house can again be used 
for the purposes specified in this section, a new license must be 
obtained, as if no license had previously existed. 

5. Every tenement house and all the parts thereof in which any 
[of thej articles [named in this sectionj are manufactured, al- 
tered, repaired or finished shall be kept in a clean and sanitary 
condition and shall be subject to inspection and examination by 
the commissioner of labor, for the purpose of ascertaining whether 
said garments or articles, or part or parts thereof, are clean and 
free from vermin and every matter of an infectious or contagious 
nature. An inspection shall be made by the commissioner of 
labor of each licensed tenement house not less than once in every 
six months, to determine its sanitary condition, and shall include 
all parts of such house and the plumbing thereof. Before making 
such inspection the commissioner of labor may consult the records 
of the local department or board charged with the duty of sani- 
tary inspection of tenement houses, to determine the frequency 
of orders issued by such department or board in relation to the 
said tenement house, since the last inspection of such building wa^ 
made by the commissioner of labor. Whenever the commissioner 
of labor finds any unsanitary condition in a tenement house for 
which a license has been issued as provided in this section, he shall 
at once issue an order to the owner thereof directing him to rem- 
edy such condition forthwith. Whenever the commissioner of 
labor finds any [of the J articles [specified in this sectionj manu- 
factured, altered, repaired or finished, or in process thereof, in a 
room or apartment of a tenement house, and such room or apart- 



Appendix I — Bills Submitted to Legislature. 351 



ment is in a filthy condition, he shall notify the tenants thereof to 
immediately clean the same,, and to maintain it in a cleanly con- 
dition at all times; where the commissioner of labor finds such 
room or apartment to be habitually kept in a filthy condition, he 
may in his discretion cause to be affixed to the entrance door of 
such apartment a placard calling attention to such facts and pro- 
hibiting the manufacture, alteration, repair or finishing of [said] 
any articles therein. No person, except the commissioner of labor, 
shall remove or deface any such placard so affixed. 

6. [None of the] No articles [specified in this section] shall 
be manufactured, altered, repaired or finished in any room or 
apartment of a tenement house where there is or has been a case 
of infectious, contagious or communicable disease in such room 
or apartment, until such time as the local department or board of 
heali shall certify to the commissioner of labor that such disease 
has terminated, and that said room or apartment has been prop- 
erly disinfected, if disinfection after such disease is required by 
the local ordinances, or by the rules or regulations of such depart- 
ment or board. [None of the] No articles [specified in this sec- 
tion] shall be manufactured, altered, repaired or finished in a part 
of a cellar or basement of a tenement house, which is more than 
one-half of its height below the level of the curb or ground outside 
of or adjoining the same; hut this prohibition shall not apply to 
the use of a bakery of a cellar for which a certificate of exemption 
is issued under section one hundred and sixteen of this chapter. 
No person shall hire, employ or contract with any person to manu- 
facture, alter, repair or finish any [of the] articles [named in this 
section] in any room or apartment in any tenement house not hav- 
ing a license therefor issued as aforesaid. [None of the] No 
articles [specified in this section] shall be manufactured, altered, 
repaired or finished in any room or apartment of a tenement house 
unless said room or apartment shall be well lighted and ventilated 
and shall contain at least five hundred cubic feet of air space for 
every person working therein, or by any person other than the 
members of the family living therein ; except that in licensed tene- 
ment houses persons not members of the family may be employed 
in apartments on the ground floor or second floor, used only for 
shops of dressmakers who deal solely in the custom trade direct to 



I 




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1 



X. 






y '9 ' 
h 1 ! 



I 



352 Appendix I — Bills Submitted to Legislature. 

the consumer, provided that such apartments shall be in the opin- 
ion of the commissioner of labor in the highest degree sanitary, 
well lighted, well ventilated and plumbed, and provided further 
that the whole number of persons therein shall not exceed one to 
each one thousand cubic feet of air space, and that there shall b^ 
no children under fourteen years of age living or working therein ; 
before any such room or apartment can be so used a special permit 
therefor shall be issued by the commissioner of labor, a copy of 
which shall be entered in his public records with a statement of 
the reasons therefor. Nothing in this section contained shall pre-' 
vent the employment of a tailor or seamstress by any person or 
family for the purpose of making, altering, repairing or finishing 
any article of wearing apparel for the use of such person or fam- 
ily. Nor shall this [sectionj article apply to a house if the only 
[work] manufacturing therein [on the articles herein specified] 
be carried on in a shop on the main or ground floor thereof with a 
separate entrance to the street, unconnected with living rooms and 
entirely separate from the rest of the building by closed partitions 
without any openings whatsoever and not used for sleeping or 
cooking. 

§ 101. Register of persons to whom work is given; identifica- 
tion label. [Persons] Every employer in any factory contracting 
for the manufacturing, altering, repairing or finishing of any [of 
the] articles [mentioned in section one hundred of this article] 
in a tenement house or giving out material from which they or any 
part of them are to be manufactured, altered, repaired or finished, in 
a tenement house, shall keep a register of the names and addresses 
plainly written in English of the persons to whom such articles 
or materials are given to be so manufactured, altered, repaired 
or finished or with whom they have contracted to do the same, and 
shall issue with all such articles or materials a label bearing the 
name and place of business of such factory written or printed 
legibly in English, It shall be incumbent upon every employer 
and upon all persons contracting for the manufacturing, altering, 
repairing or finising of any [of the] articles [specified in section 
one hundred of this article] or giving out material from which 
they or any part of them are to be manufactured, altered, repaired 
or finished, before giving out [the same] any such articles or ma- 



Appendix I — Bills Submitted to Legislature. 353 

terials to ascertain from the office of the commissioner of labor 
whether the tenement house in which such articles or materials are 
to be manufactured, altered, repaired or finished, is licensed as 
provided in this article, and also to ascertain from the local de- 
partment or board of health the names and addresses of all persons 
then sick of any infectious, contagious or communicable disease, 
and residing in tenement houses ; and none of the said articles nor 
any material from which they or any part of them are to be manu- 
factured, altered, repaired or finished shall be given out or sent 
to any person residing in a tenement house that is not licensed as 
provided in this article, or to any person residing in a room or 
apartment in which there exists any infectious, contagious or com- 
municable disease. The register mentioned in this section shall 
be subject to inspection by the commissioner of labor, and a copy 
thereof shall be furnished on his demand as well as such other in- 
formation as he may require. The label mentioned in this section 
shall be exhibited on the demand of the commissioner of labor at 
any time while said articles or materials remain in the tenement 
house, 

§ 102. Goods unlawfully manufactured to be labeled. Articles 
manufactured, altered, repaired or finished in a tenement house 
contrary to the provisions [of section one hundred] of this chap- 
ter shall not be sold or exposed for sale by any person. The com- 
missioner of labor may conspicuously affix to any such article 
found to be imlawfully manufactured, altered, repaired or fin- 
ished, a label containing the words " tenement made " printed 
in small pica capital letters on a tag not less than four inches in 
length, or may seize and hold such article until the same shall 
be disinfected or cleaned at the owner's expense, or until all pro- 
visions of this chapter are complied with. The commissioner of 
labor shall notify the person stated by the person in possession 
of said article to be the owner thereof, that he has so labeled or 
seized it. No person except the commissioner of labor, or a local 
hoard of health in a case provided for in section one hundred and 
three, shall remove or deface any tag or label so affixed. Unless 
the owner or person entitled to the possession of an article so 
seized shall provide for the disinfection or cleaning thereof within 
one month thereafter it may be destroyed. 

23 



r 



f 



354 Appendix I — Bills Submittid to Legislature. 

§ 103. Powers and duties of hoards of health relative to tene- 
ment-made articles. If tlie commissioner of labor finds evidence 
of disease present in [a workshop or in] a room or apartment in 
a tenement house [or dwelling housej in which any [of the] 
articles [named in section one hundred of this chapter] are 
manufactured, altered repaired or finished or in process thereof, 
he shall affix to such article the label prescribed in the preceding 
section, and immediately report to the local board of health, who 
shall disinfect such articles, if necessary, and thereupon remove 
such label. If the conmiissioner of labor finds that infectious 
[or] contagious or communicable diseases exist in a [workshop,] 
room or apartment of a tenement [or dwelling] house in which 
any [of the] articles [specified in section one hundred of this 
chapter] are being manufactured, altered, repaired or finished, 
or that articles manufactured or in process of manufacture 
therein are infected or that goods used therein are unfit for use, 
he shall report to* the local board of health. The local health de- 
partment or board in every city, town and village whenever there 
is any infectious, contagious or communicable disease in a tene-' 
ment house shall cause an inspection of such tenement house to 
be made within forty-eight hours. If any [of the] articles 
[specified in section one hundred of this chapter] are found to 
be manufactured, altered, repaired or finished, or in process 
thereof in an apartment in which such disease exists, such board 
shall issue such order as the public health may require, and shall 
at once report such facts to the commissioner of labor, furnishing 
such further information as he may require. Such board may 
condemn and destroy all such infected article or articles manu- 
factured or in the process of manufacture under unclean or un-r 
healthful conditions. The local health department or board oi' 
other appropriate authority charged with the duty of sanitary in- 
spection of such houses in every city, town and village shall, when' 
so requested by the commissioner of labor, furnish copies of ita 
records as to the presence of infectious, contagious or com- 
municable disease, or of unsanitary conditions in said houses; 
and shall furnish such other information as may be necessary to 
enable the commissioner of labor to carry out the provisions of 
this article. 



Appendix I — Bills Submitted to Legislature. 



355 



§ 104. [Inspection of articles manufactured in other states.] 
Manufacturing of certain articles in tenements prohibited, 
[Whenever it is reported to the commissioner of labor that any 
of the articles named in section one hundred of this chapter are 
being shipped into this state, having previously been manufac- 
tured in whole or in part imder unclean, unsanitary or unhealthy 
conditions, said commissioner shall examine said articles and the 
conditions of their manufacture, and if upon such examination 
said goods or any part of them are found to contain vermin or to 
have been manufactured in improper places or under imhealthy 
conditions, he shall forthwith affix to them the tax or label herein- 
before described and report to the local board of health, which 
board shall thereupon make such order or orders as the public 
safety may require.] 

No article of food, no dolls or dolls' clothing and no article of 
children's or infants' wearing apparel shall be manufactured, 
altered, repaired or finished, in whole or in part, for a factory, 
either directly or through the instrumentality of one or more con- 
tractors or other third person, in a tenement house, in any portion 
of an apartment, any part of which is used for living purposes. 

§ 105. Owners of tenement [and dwelling] houses not to per- 
mit the unlawful use thereof. The owner or agent of a tenement 
house [or dwelling house] shall not permit the use thereof for 
the manufacture, repair, alteration or finishing of any [of the] 
article [mentioned in this article] contrary to [its] the pro- 
visions of this chapter. If a room or apartment in such tenement 
house [or dwelling house] be so unlawfully used, the commis- 
sioner of labor shall serve a notice thereof upon such owner or 
agent. Unless such owner or agent shall cause such unlawful 
manufacture to be discontinued within ten days after the service 
of such notice, or within fifteen days thereafter institutes and 
faithfully prosecutes proceedings for dispossession of the occu- 
pant of a tenement house, [or dwelling house,] who unlawfully 
manufactures, repairs, alters or finishes [such] any articles 
therein, he shall be deemed guilty of a violation of this [article,] 
chapter as if he, himself, was engaged in such unlawful manu- 
facture, repair, alteration or finishing. The imlawful manufac- 
ture, repair, alteration or finishing of any [of such] articles by 



I 



41' 



356 Appendix I — Bills Submitted to Legislature. 

tlie occupant of a room or apartment of a tenement house [or 
dwelling] shall be a cause for dispossessing such occupant by 
summary proceedings to recover possession of real property, as 
provided in the code of civil procedure. 

§ 106, Factory permits. The owner of every factory for which 
any articles are manufactured in any tenement house shall secure 
a permit therefor from the commissioner of labor who shall issue 
such permit to any such owner applying therefor. Such permit 
may he revoked or suspended hy the commissioner of labor when- 
ever any provision of this article or of section seventy of this 
chapter is violated in connection with any work for such factory. 
Such permit may be reissued or reinstated in the discretion of the 
commissioner when such violation has ceased. No articles shall 
be manufactured in any tenement house for any factory for which, 
no permit has been issued or for any factory whose permit is sus- 
pended or revoked. A complete list of all factories holding such 
permits, together with the name of the owner of each such factory, 
the address of the business and the name under which it is carried 
on, and of all tenement houses holding licenses, and a list of all 
permits and licenses revoked or suspended shall be published from 
time to time by the department of labor, 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL No. 10. 



An Act 



To Amend the Labor Law, in Eelation to the Employment 
OF Women in Canning Establishments. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Subdivision three of section seventy-seven of chapter 
thirty-six of the laws of nineteen hundred and nine, entitled "An 
act relating to labor, constituting chapter thirty-one of the con- 
solidated laws," as amended by chapter five hundred and thirty- 



Appendix I — Bills Submitted to Legislature. 3 



1 



nine of the laws of nineteen hundred and twelve, is hereby 
amended to read as follows: 

3. No female minor under the age of twenty-one years and no 
woman shall be employed or permitted to work in any factory in 
this state [before six o'clock in the morning, or after nine o'clock 
in the evening of any day, or] more than six days or fifty-four 
hours in any one week ; nor for more than nine hours in any one 
day except as hereinafter provided. No female minor under the 
age of twenty-one years shall be employed or permitted to work in 
any factory in this state before six o'clock in the morning or after 
nine o'clock in the evening of any day, 

§ 2. Subdivisions two and three of section seventy-eight of such 
chapter, as amended by chapter five hundred and thirty-nine of 
the laws of nineteen hundred and twelve, are hereby amended to 
read as follows: 

2. The provisions of subdivision's] two [and three] of section 
seventy-seven relating to maximum hours shall not apply to the 
employment of [women and] male minors sixteen years of age 
and upwards in canning or preserving perishable products in 
fruit and canning establishments between the fifteenth day of 
June and the fifteenth day of October each year. 

3. A female eighteen years of age or upwards may, notwith- 
standing the provisions of subdivision three of section seventy- 
seven of this chapter, be employed in canning or preserving per- 
ishable products in fruit and canning establishments between the 
fifteenth day of June and the fifteenth day of October in each 
year not more than six days or sixty hours in any one week nor 
more than ten hours in any one day; and the industrial board 
shall have power to adopt rules and regulations permitting the 
employment of women eighteen years of age and upwards on such 
work in such establishments between the twenty-fifth day of June 
and the fifth day of August in each year not more than six days 
nor more than sixty-six hours in any one week nor more than 
twelve hours in any one day, if said board shall find that such em- 
ployment is required by the needs of such industry and can be 
permitted without serious injury to the health of women so em- 
ployed. The provisions of this subdivision shall have no applica- 
tion unless the daily hours of labor shall be posted for the infor- 







.1 



II 

1 
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358 



Appendix I — Bills Submitted to Legislature. 



mation of employees and a time hooJc in a form approved hy the 
commissioner of labor, giving the names and addresses of all 
female employees and the hours of work hy each of them in each 
day shall he properly and correctly kept and shall he exhibited to 
him or any of his subordinates promptly upon demand. No person 
shall knowingly make or permit or suffer to he made a false entry 
in any such time hook, 

% 3. Subdivision three of said section seventy-eight is hereby 
renumbered subdivision four. 

§ 4. This act shall take effect immediately. 



BILL No. 11. 



An Act 



To Amend the Labor Law, in Relation to the Housing of 

Factory Employees. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter thirty-six of the laws of nineteen hundred 
and nine, entitled "An act relating to labor, constituting chapter 
thirty-one of the consolidated laws," is hereby amended by insert- 
ing therein after section ninety-seven, a new section to be known 
as section ninety-eight, to read as follows: 

§ 98. Labor camps. Every employer operating a factory, and 
furnishing to the employees thereof any living quarters at any 
place outside the factory, either directly or through any third per- 
son by contract or otherwise, shall maintain such living quarters 
and every part thereof in a thoroughly sanitary condition. The 
industrial board shall have power to make rules and regulations to 
provide for the sanitation of such living quarters. The commis' 
sioner of labor may enter and inspect any such living quarters. 

% 2. This act shall take effect immediately. 



Appendix I — Bills Submitted to Legislature. 359 

BILL :N^0. 12. 

An Act 

To Amend the Labor Law, in Relation to the Physical 
Examination of Children Employed in Factories and 
Cancellation of Their Employment Certificates Be- 
cause OF Physical Unfitness. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter thirty-six of the laws of nineteen hundred 
and nine, entitled "An act relating to labor, constituting chapter 
thirty-one of the consolidated laws," is hereby amended by insert- 
ing therein, after section seventy-six thereof, a new section, to be 
section seventy-six-a, to read as follows: 

§ 76-a. Physical examination of children in factories; cancel- 
lation of employment certificates. 1. All children between four- 
teen and sixteen years of age employed in factories shall submit to 
a physical examination whenever required by a medical inspector 
of the state department of labor. The result of all such physical 
examinations shall he recorded on blanks furnished for that pur- 
pose by the commissioner of labor, and shall be kept on file in such 
office or offices of the department as the commissioner of labor may 
designate, 

2. If any su^h child shall fail to submit to such physical ex- 
amination, the commissioner of labor may issue an order can- 
celling such child's employment certificate. Such order shall be 
served upon the employer of such child who shall forthwith deliver 
to an authorized representative of the department of labor the 
child's employment certificate. A certified copy of the order of 
cancellation shall be served on the board of health or other local 
authority that issued the said certificate. No such child whose 
employment certificate has been cancelled, as aforesaid, shall, 
while said cancellation remains unrevoked, be permitted or suf- 
fered to work in any factory of the state before it attains the age 
of sixteen years. If thereafter such child shall submit to the 
physical examination required, the commissioner of labor may 



N 



III 






360 Appendix I —Bills Sibmittko to Legislature. 

issue an order revoking the cancellation of the employment cer- 
tificate and may return the employment certificate to such child. 
Copies of the order of revocation shall he served upon the former 
employer of the child and the local hoard of health as aforesaid, 
3. If as a result of the physical examination made hy a medical 
inspector it appears that the child is physically unfit to he em- 
ployed in a factory, such medical inspector shall forthwith suhmit 
a report to that effect to the commissioner of lahor which shall he 
kept on file in the office of the commissioner of lahor, setting forth 
in detail his reasons therefor, and the commissioner of lahor may 
issue an order cancelling the employment certificate of such child. 
Such order of cancellation shall he served, and the child's employ- 
ment certificate delivered up, as provided in suhdivision two 
hereof, and no such child while the said order of cancellation 
remains unrevoked shall he permitted or suffered to work in any 
factory of the state hefore it attains the age of sixteen years. If 
upon a suhsequent physical examination of the child hy a medical 
inspector of the department of lahor it appears that the physical 
infirmities have heen removed, such medical inspector shall 
certify to that effect to the commissioner of lahor, and the com- 
missioner of lahor may thereupon make an order revoking the 
cancellation of the employment certificate a^id may return the 
certificate to such child. The order of revocation shall he served 
in the manner provided in suhdivision two hereof, 

§ 2. This act shall take effect October first, nineteen hundred 
rnd thirteen. 



BILL ^0, 13. 

An Act 

To Amexd the Labor Law, in Kelation to Employment 

Certificates. 

The People of the State of New York, represented in Senate 
and Assemhly, do enact as follows: 

Section 1. Subdivision (e) of section one hundred and sixty- 
three of chapter thirty-six of the laws of nineteen hundred and 






Appendix I — Bills Submitted to Legislature. 361 

nine, entitled " An act relating to labor, constituting chapter thirty- 
one of the consolidated laws,'' is hereby amended to read as 
follows : 

(e) Physicians' certificates. In cities of the first class only 
in case application for the issuance of an employment certificate 
shall be made to such officer by a child's parent, guardian or 
custodian who alleges his inability to produce any of the evidence 
of age specified in the preceding subdivisions of this section, and 
If the child 18 apparently at least fourteen years of age, such 
officer may receive and file an application signed by the parent, 
guardian or custodian of such child for physicians' certificates. 
Such app ication shall contain the alleged age, place and date of 
birth, and present residence of such child, together with such 
further facts as may be of assistance in determining the age of 
such child. Such application shall be filed for not less than 
ninety days after date of such application for such physicians' 
certificates, for an examination to be made of the statements con- 
tamed therein, and in case no facts appear within such period or 
by such examination tending to discredit or contradict anv ma- 
terial statement of such application, then and not otherwise the 
officer may direct such child to appear thereafter for physical 
examination before two physicians officially designated by the 
board of health, and in case such physicians shall certify in writing 
that they have separately examined such child and that in their 
opinion such child is at least fourteen years of age such officer 
shaU accept such certificate as sufficient proof of the age of such 
chi d for the purposes of this section. In case the opinions of 
such physicians do not concur, the child shall be examined by a 
third physician and the concurring opinions shall be conclusive 
for the purpose of this section as to the age of such child 

Such officer shall require the evidence of age specified in sub- 
division (a) m preference to that specified in any subsequent 
subdivision and shall not accept the evidence of age permitted by 
any subsequent subdivision unless he shall receive and file in 
addition thereto an affidavit of the parent showing that no evidence 
of age specified in any preceding subdivision or subdivisions of 
this section can be produced. Such affidavit shall contain the age, 
place and date of birth and present residence of such child whS 



I 



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H 



III 



I 



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8 



l« 



362 Appendix I — Bills Submitted to Legislature. 

affidavit must be taken before the officer issuing the employment 
certificate, who is hereby authorized and required to administer 
such oath, and who shall not demand or receive a fee therefor. 
Such employment certificate shall not be issued until such child 
shall further have personally appeared before and been examined 
by the officer issuing the certificate, and until such officer shall, 
after making such examination, sign and file in his office a state- 
ment that the child can read and legibly write simple sentences 
in the English language and that in his opinion the child is four- 
teen years of age or upwards and has reached the normal develop- 
ment of a child of its age, and is in sound health and is physically 
able to perform the work which it intends to do. pn doubtful 
cases such physical fitness shall be determined by a medical officer 
of the board or department of health.] In every case, before an 
employment certificate is issued, such physical fitness shall he 
determined by a medical officer of the department or board of 
health, who shall make a* thorough physical examination of the 
child and record the result thereof on a blank to be furnished for 
the purpose by the commissioner of labor and shall set forth 
thereon such facts concerning the physical condition and history 
of the child as the commissioner of labor may require. Every 
such employment certificate shall be signed in the presence of the 
officer issuing the same, by the child in whose name it is issued. 

§ 2. Sections seventy-three and one hundred and sixty-five of 
such chapter are hereby amended to read as follows : 

§ 73. School record, what to contain. The school record 
required by this article shall be signed by the principal or chief 
executive officer of the school which such child has attended and 
shall be furnished, on demand, to a child entitled thereto or to 
the board, department or commissioner of health. It shall con- 
tain a statement certifying that the child has regularly attended 
the public schools or schools equivalent thereto, or parochial 
schools, for not less than one hundred and thirty days during the 
twelve months next preceding his fourteenth birthday, or during 
the twelve months next preceding his application for sucL <ichool 
record and is able to read and write simple sentences in the Eng- 
lish language, and has received during such period instruction in 
reading, spelling, writing, English grammar and geography and 



Appendix I — Bills Submitted to Legislatuee. 363 

is familiar with the fundamental operations of arithmetic up to 
and including fractions [.J a^d has completed the work prescribed 
for the first six years of the public elementary school or school 
equivalent thereto or parochial school from which such school 
record is issued. Such school record shall also give the date of 
birth and residence of the child as shown on the records of the 
school and the name of its parent or guardian or custodian. 

§ 165. School record, what to contain. The school record 
required by this article shall be signed by the principal or chief 
executive officer of the school which such child has attended and 
shall be furnished on demand to a child entitled thereto or to the 
board, department or commissioner of health. It shall contain 
a statement certifying that the child has regularly attended the 
public schools or schools equivalent thereto or parochial schools 
for not less than one hundred and thirty days during the twelve 
months next preceding his fourteenth birthday, or during the 
twelve months next preceding his application for such school 
record, and is able to read and write simple sentences in the 
English language, has received during such period instruction in 
reading, spelling, writing, English grammar and geography, and 
is familiar with the fundamental operations of arithmetic up to 
and including fractions [.] and has completed the work prescribed 
for the first six years of the public elementan-y school or school 
equivalent thereto or parochial school, from which such school 
record is issued. Such school record shall also give the date of 
birth and residence of the child as shown on the records of the 
school and the name of its parent or guardian or custodian. 

§ 3. Section seventy-five of such chapter as amended by chapter 
three hundred and thirty-three of the laws of nineteen hundred 
and twelve is hereby amended to read as follows : 

§ 75. [Keport of certificates issued. J Supervision over issu- 
ance of certificates. The board or department of health or health 
commissioner of a city, village or town shall transmit between the 
first and tenth day of each month, to the [office of the] commis- 
sioner of labor, a list of the names of [the] all children to whom 
certificates have been issued during the preceding month together 
with a duplicate of the record of [the physical examination of all 
such children made as hereinbefore provided] every examination 



!|| 



I! 






i^ 






364 Appendix I — Bills Stbmitted to Legislature. 

as to physical fitness, including examinations resulting in 
rejection. 

In cities of the first and second class all employment certifi- 
cates and school records required under the provisions of this 
chapter shall be in such form as shall be approved by the com- 
missioner of labor, hi towns, villages or cities other than cities 
of the first or second chss, the commissioner of labor shall prepare 
and furnish blank forms for such employment certificates and 
school records. No school record or employment certificate re- 
quired by this article, other than those approved or furnished by 
the commissioner of labor as above provided, shall be used. The 
commissioner of labor shall inquire into the administration and 
enforcement of the provisions of this article by all public officers 
charged with the duty of issuing employment certificates, and for 
that purpose the commissioner of labor shall have access to all 
papers and records required to be kept by all such officers. 

§ 4. Such chapter is hereby amended by inserting therein, 
after section one hundred and sixty-five, a new section to be known 
as section one hundred and sixty-six and to read as follows: 

§ 166. Supervision over issuance of certificates. The board 
or department of health or health commissioner of a city, village 
or town shall transmit between the first and tenth day of each 
month to the commissioner of labor a list of the names of all 
children to whom certificates have been issued during the pre- 
ceding month, together with a duplicate record of all examinations 
as to physical fitness, including those resulting in rejection. In 
cities of the first and second class all employment certificates and 
school records required under the provisions of this chapter shall 
be in such form as shall be approved by the commissioner of labor. 
In towns, villages or cities other than cities of the first or second 
class, the commissioner of labor shall prepare and furnish blank 
forms for such employment certificates and school records. No 
school record or employment certificate required by this article 
other than those approved or furnished by the commissioner of 
labor as above provided shall be used. The commissioner of labor 
shall inquire into the administration and enforcement of the pro- 
visions of this article by all public officers charged with the duty 
of issuing employment certificates, and for that purpose the com- 



Appendix I — Bills Submitted to Legislature. 365 

missioner of labor shall have access to all papers and records 
required to be kept by all such officers. 

§ 5. This act shall take effect October first, nineteen hundred 
anl ;]iirteen. 



BILL NO. 14. 

An Act 

To Amend the Educational Law, in Relation to School- 
Record Certificates. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Subdivision one of section six hundred and thirtv 
of chapter twenty-one of the laws of nineteen hundred and nine, 
entitled "An act relating to education, constituting chapter sixteen 
of the consolidated laws," as amended by chapter one hundred and 
forty of the laws of nineteen hundred and ten, is hereby amended 
to read as follows: 

1. A school-record certificate shall contain a statement certify- 
ing that a child has regularly attended the public schools, or 
schools equivalent thereto, or parochial schools, for not less than 
one hundred and thirty days during the twelve months next pre- 
ceding his fourteenth birthday or during the twelve months next 
preceding his application for such school record, and that he is 
able to read and write simple sentences in the English language 
and has received during such period instruction in reading, writ- 
ing, spelling, English grammar and geography and is familiar 
with the fundamental operations of arithmetic up to and includ- 
ing fractions, and has completed the work prescribed for the first 
six years of the public elementary school, or school equivalent 
thereto, or parochial school, from which such school record is 
issued. Such record shall also give the date of birth and residence 
of the child, as shown on the school records, and the name of the 
child's parents, guardian or custodian. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. i 



!!^ 



3f)6 Appendix I — Bills Submitted to Legislature. 

BILL XO. 15. 

An Act 

To Amend the Labor Law, in Kelatiox to Protecting the 
Health and Morals of Females Employed ix Factoeies 
BY Providing an Adequate Period of Rest at Kioht. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter thixty-six of the laws of nineteen hundred 
and nine, entitled "An act relating to labor, being chapter thirty- 
one of the consolidated laws," is hereby amended by inserting 
therein, after section ninety-three-a, a new section, to be section 
ninety-three-b, to read as follows: 

§ 93-b. Period of rest at night for women. In order to protect 
the health and morals of females employed in factories by provid- 
ing an adequate period of rest at night no woman shall be emr 
ployed or permitted to work in any factory in this state before six 
o'clock in the morning or after ten o'clock in the evening of any 
day. 

§ 2. This act shall take effect July first, nineteen hundred and 
thirteen. 



BILL NO. 16. 

An Act 

To Amend the Labor Law, in Relation to Seats in Factories 
AND Other Establishments fob Female Employees. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section seventeen of chapter thirty-six of the laws of 
nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," is hereby 
amended to read as follows: 

§ 17. Seats for female employees. Every person employing 
females in a factory or as waitresses in a hotel or restaurant shall 



', 



Appendix I — Bills Submitted to Legislature. 367 

provide and maintain suitable seats, with proper backs where 
practicable, for the use of such female employees, and permit the 
use thereof by such employees to such an extent as may be reason- 
able for the preservation of their health. Where females are 
engaged in work which can be properly performed in a sitting 
posture, suitable seats, with backs where practicable, shall be sup- 
plied in every factory for the use of all such female employees 
and permitted to be used at such work, . The industrial board may 
determine when seats, with or without backs, are necessary and 
the number thereof. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL NO. 17. 

An Act 

To Amend the Labor Law, in Relation to Bakeries. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Article eight of chapter thirty-six of the laws of 
nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter six hundred and thirty-seven of the laws of 
nineteen hundred and eleven, is hereby amended to read as 
follows : 

ARTICLE 8. 
Bakeries and Confectioneries. 

Section 110. [Hours of labor in bakeries and confectioneries.] 

Enforcement of article. 

111. Definitions. 

112. G^enerf^ requirements. 

113. Maintenance. 

llSa. Prohibited employment of diseased bakers. 

114. Inspection of bakeries. 



Ill 



1^ 



(I 



368 Appendix T — Bills Submitted to Legislature. 

115. Sanitary certificates, 

116. Prohibition of future cellar bakeries, 

117. Sanitary code for bakeries and confectioneries. 

§ 110. [Hours of labor in bakeries and confectioneries. No 
employee shall be required or permitted to work in a biscuit, 
bread or cake bakery or confectionery establishment more than 
sixty hours in any one week, or more than ten hours in any one 
day, unless for the purpose of making a shorter work day on the 
last day of the week; nor more hours in any one week than will 
make an average of ten hours per day for the number of days 
during such week in which such employee shall work. J Enforce- 
ment of article. In every city of the first class the health depart- 
ment of such city shall have exclusive jurisdiction to enforce the 
provisions of this article. In the application of any provision of 
this article to any city of the first class, the worda " commissioner 
of labor " or " department of labor " shall be understood to mean 
the health department of such city. 

§ 111. Definitions. All buildings, [or] rooms£,] or places 
[except kitchens in hotels and private residences,] used or occu- 
pied for the purpose of making, preparing or baking bread, bis- 
cuits, pastry, cakes, doughnuts, crullers, noodles, macaroni or spa- 
ghetti to be sold or consumed on or off the premises, except 
kitchens in hotels, restaurants, boarding houses or private resi- 
dences wherein such products are prepared to be used and are 
used exclusively on the premises, shall for the purpose of this 
[actj article be deemed bakeries. The commissioner of labor 
shall have the same powers with respect to the machinery, safety 
devices and sanitary conditions in hotel bakeries that he has with 
respect thereto in bakeries as defined by this chapter. In cities of 
the first class the health department's jurisdiction over hotel bak- 
eries shall not extend to the machinery safety devices and hours 
of labor of employees therein. The term cellar when used in 
this article shall mean a room or a part of a building which is 
more than one-half its height below the level of the curb or 
ground adjoining the building (excluding areaways). The terra 
owner as used in this article shall be construed to mean the owner 
or owners of the freehold of the premises, or the lessee or joint 
lessees of the whole thereof, or his, her or their agent in charge 



1 



Appendix I — Bills Submitted to Legislature. 369 



of the property. The term occupier shall be construed to mean 
the person, firm or corporation in actual possession of the prem- 
ises, who either himself makes, prepares or bakes any of the arti- 
cles mentioned in this section, or hires or employs others to do it 
for him. Bakeries are factories within the meaning of this chapter, 
and subject to all the provisions of article six hereof. 

§ 112. General requirements. All bakeries shall be provided 
with proper and sufficient drainage and with suitable sinks, sup- 
plied with clean running water for the purpose of washing and 
keeping clean the utensils and apparatus used therein. All 
bakeries shall be provided with proper and adequate windows, 
[orj and if [deemed necessary by the commissioner of labor,] 
required by the rules and regulations of the industrial board, with 
ventilating hoods and pipes over ovens and ashpits, or with other 
mechanical means, to so ventilate same as to render harmless to 
the persons working therein any steam, gases, vapors, dust, exces- 
sive heat or any impurities that may be generated or released by 
or in the process of making, preparing or baking in said bakeries. 
Every bakery shall be at least eight feet in height measured from 
the surface of the finished floor to the under side of the ceiling, 
and shall have a flooring of even, smooth cement, or of tiles laid 
in cement, or a wooden floor, so laid and constructed as to be free 
from cracks, holes and interstices, except that any cellar or base- 
ment less than eight feet in height which was used for a bakery 
on the second day of May, eighteen hundred and ninety-five, need 
not be altered to conform to this provision with respect to height ; 
the side walls and ceilings shall be either plastered, ceiled or 
wainscoted. [The furniture, troughs and utensils shall be so ar- 
ranged and constructed as not to prevent their cleaning or the 
cleaning of every part of the bakery.] Every bakery shall be pro- 
vided with a sufficient number of water-closets, and such water- 
closets shall be separate and apart from and unconnected with 
the bakeroom or rooms where food products are stored or sold. 

§ 113. Maintenance. All floors, walls, stairs, shelves, furni- 
ture, utensils, yards, areaways, plumbing, drains and sewers, in 
or in connection with bakeries, or in bakery water-closets and 
washrooms, or rooms where raw materials are stored, [and] or 
in rooms where the manufactured product is stored, shall at all 

24 



1 



j 



15 'i 

i 



370 Appendix I — Bills Submitted to Legislature. 

times be kept in good repair, and maintained in a clean and sani- 
tary condition, free from all kinds of vermin. All interior wood- 
work, walls and ceilings shall be painted or lime washed once 
every three months, where so required by the commissioner of 
labor. Proper sanitary receptacles shall be provided and used 
for storing coal, ashes, refuse and garbage. Receptacles for 
refuse and garbage shall have their contents removed from bak- 
eries daily and shall be maintained in a clean and sanitary con- 
dition at all times ; the use of tobacco in any form in a bakery or 
room where raw material[sj or manufactured product of such 
bakery is stored is prohibited. No person shall sleep, or be per- 
mitted, allowed or suffered to sleep in a bakery, or in [a] any 
room where raw material[s are stored,] or [in rooms wherej 
the manufactured product of such bakery is stored or sold, and no 
domestic animals or birds, except cats shall be allowed to remain 
in any such room. Mechanical means of ventilation, when 
provided, shall he effectively used and operated. Windows, 
doors and other openings shall he provided with proper 
screens. All employees, while engaged in the manufacture and 
handling of bread shall wear slippers or shoes and suits of wash- 
able material which shall he used for that purpose only and such 
garments shall he kept clean at all times. Lockers shall he pro- 
vided for the street clothes of the employees. The furniture, 
troughs and utensils shall he so arranged and constructed as not 
to prevent their cleaning or the cleaning of every part of the 
bakery. 

§ 113-a. Prohibited employment of diseased bakers. No per- 
son who has any communicable disease shall work or be permitted 
to ivork in a bakery. Whenever required by a medical inspector 
of the department of labor, any person employed in a bakery shall 
submit to a physical examination by such inspector. No person 
who refuses to submit to such examination shall work or he per- 
mitted to work in any bakery, 

§ 114. Inspection of bakeries. It shall be the duty of the 
owner of a building wherein a bakery is located to comply with 
all the provisions of section one hundred and twelve of this article, 
and of the occupier to comply with all the provisions of section 
one hundred and thirteen of this article, unless by the terms of a 



Appendix I — Bills Submitted to Legislature. 371 



valid lease the responsibility for compliance therewith has been 
undertaken by the other party to the lease, and a duplicate 
original lease, containing such obligation, shall have been pre- 
viously filed in the office of the commissioner of labor, in which 
event the party assuming the responsibility shall be responsible 
for such compliance. The commissioner of labor may, in his 
discretion, apply any or all of the provisions of this article to a 
factory located in a cellar wherein any food product is manu- 
factured, provided that basements or cellars used as confectionery 
or ice-cream manufacturing shops shall not be required to con- 
form to the requirement as to height of rooms. Such establish- 
ments shall be not less than seven feet in height, except that any 
cellar or basement so used before October first, nineteen hundred 
and six, which is more than six feet in height need not be altered 
to conform to this provision. If on inspection the commissioner 
of labor find a bakery or any part thereof to be so unclean, ill- 
drained or ill-ventilated as to be unsanitary, he may, after not less 
than forty-eight hours' notice in writing, to be served by affixing 
the notice on the inside of the main entrance door of said bakery, 
order the person found in charge thereof immediately to cease 
operating it until it shall be properly cleaned, drained or ven- 
tilated. If such bakery be thereupon continued in operation or 
be thereafter operated before it be properly cleaned, drained or 
ventilated, the commissioner of labor may, after first making and 
filing in the public records of his office a written order stating the 
reasons therefor, at once and without further notice fasten up and 
seal the oven or other cooking apparatus of said bakery, and 
affix to all materials, receptacles, tools and instruments found 
therein, labels or conspicuous signs bearing the word " unclean." 
No one but the commissioner of labor shall remove any such seal, 
label or sign, and he may refuse to remove it until such bakery 
be properly cleaned, drained or ventilated. 

§ 116. Sanitary certificates. 1. No person, firm or corpora- 
tion shall establish, maintain or operate a bakery without obtain- 
ing a sanitary certificate from the department of labor. Applica- 
tion for such certificate shall be made to the commissioner of 
labor by the occupier of the bakery or by the person, firm or 
corporation desiring to establish or conduct such bakery. The 



I 



372 Appendix T — Bills Submitted to Legislature. 

application for a sanitary certificate shall he made in such form 
and shall contain such information as the commissioner of labor 
may require. Blank applications for such certificate shall he pre- 
pared and furnished hy the commissioner of labor. 

2. Upon the receipt of such application for a sanitary certifi- 
cate, the commissioner of labor shall cause an inspection to be 
made of the building, room or place described in the application. 
If the bakery conforms to the provisions of articles six and eight 
of this chapter and the ndes and regulations of the industrial 
board, or in any city of the first class if the bakery conforms to 
the provisions of article eight of this chapter, and to the sanitary 
code and the rules and regulations of the department of health 
of any such city, the commissioner of labor shall issue a sanitary 
certificate for such bakery. Such certificate shall be for a period 
of one year and shall he renewed annually hy the commissioner 
of labor if upon a reinspection of the bakery it is found to com- 
ply with the aforesaid provisions and regulations. Every certifi- 
cate granted under the provisions of this chapter shall be posted 
in a conspicuous place in the bakery for which such certificate is 
issued. 

3. Such certificate may be revoked at any time hy the. com- 
missioner of labor if the health of the community or of the em- 
ployees of the bakery require such action, or if a/i order of the 
department issued under the provisions of this chapter be not 
complied with within fifteen days after the service thereof upon 
the person, firm or corporation charged with the duty of comply- 
ing with such order. The time for such compliance may be ex- 
tended by the commissioner of labor for good cause shown, hut a 
statement of the reasons for such extension shall he filed in the 
office of the department of labor as part of the public records 
thereof. Nothing contained in this subdivision shall be construed 
to limit in any way the power of the commissioner of labor to seal 
up an unsanitary bakery as provided in section one hundred and 
fourteen of this chapter, 

4. // an application for a sanitary certificate be denied or if 
such certificate be revoked hy the commissioner of labor, he shall 
file in the office of the department of labor as part of the public 



Appendix 1 — Bills Submitted to Legislatube. 373 



records thereof, a statement in writing setting forth in detail the 
reasons for such denial or revocation, 

5. Applications for sanitary certificates for existing bakeries 
shall be made within four months after this act takes effect, and 
no such bakery shall be conducted or operated without a sanitary 
certificate from the department of labor after the first day of 
January, nineteen hundred and fourteen. In the case of bakeries 
hereafter established, the application for a sanitary certificate 
shall he made within ten days after such bakery shall commence 
business, and no such bakery shall he conducted or operated with- 
out a sanitary certificate for more than thirty days after com- 
mencing business, 

6. // a bakery has no sanitary certificate as herein required 
or if such certificate has been revoked, the commissioner of labor 
shall, after first making and filing in the public records of his 
office a written order stating the reasons therefor, at once and 
without further notice fasten up and seal the oven or other cook- 
ing apparatus of said bakery. No one but the commissioner of 
labor or his duly authorized representative shall remove any such 
seal, and he shall not remove same until a sanitary certificate has 
been issued to such bakery, 

§ 116. Prohibition of future cellar bakeries. No bakery shall 
hereafter be located in a cellar, and a sanitary certificate shall 
not he issued for any bakery so located, unless such bakery shall 
be at least ten feet in height measured from the surface of the 
finished floor to the under side of the ceiling, and if the bakery 
is located or intended to be located entirely in the front part of 
the building, the ceiling of the bakery shall he in every part at 
least four feet six inches above the curb level of the street in 
front of the building, or if such bakery is located or intended to 
be located entirely in the rear part of the building or to extend 
from the front to the rear, the ceiling of the bakery shall he not 
less than one foot above the curb level of the street in front of 
the building and the bakery shall open upon a yard or courts 
which shall extend at least six inches below the floor level of the 
bakery, nor unless proper and adequate provision shall be made 
for the lighting and ventilation of such bakery and for the proper 
construction of the floor, walls and ceiling thereof, and plans and 



II 



■J < 

h 1 






374 Appendix I — Bills Submitted to Legislature. 

specifications for the construction and establishment of such bak- 
ery, in such form and covering such ^natters as the commissioner 
of labor may require, shall have been first submitted to and ap- 
proved by the commissioner of labor. This prohibition shall not 
apply to a cellar used and operated as a bakery at any time within 
one year prior to the date of the passage of this act, provided 
that satisfactory proof of its use as a bakery as herein specified 
be furnished to the commissioner of labor in such form as he may 
require within six months after this act shall take effect. Upon 
receipt of such proof the commissioner of labor shall issue to the 
owner of the building in which such cellar is located, a certificate 
of exemption. This section shall not prevent the local health 
authorities in any city of the first class from exercising any power 
of regulation now vested in them. 

§ 117. Sanitary code for bakeries and confectioneries. All 
factories wherein any food product is manufactured shall be kept 
in a thoroughly sanitary condition and shall be properly lighted 
and ventilated, and all necessary methods shall be employed to 
protect the food product prepared therein from contamination. 
The industrial board may adopt rules and regulations for carrying 
into effect the provisions of this article. Such rules and regula- 
tions shall be known as the sanitary code for bakeries and con- 
fectioneries and shall not apply to cities of the first cIclss. 

§ 2. This act shall take effect immediately. 



BILL NO. 18. 

An Act 

To Amend the Labor Law, in Kelation to Cleanliness of 

Workrooms in Factories. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section eighty-four of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled " An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," as 



Appendix I — Bills Submitted to Legislature. 375 

amended by chapter one hundred and fourteen of the laws of nine- 
teen hundred and ten, is hereby amended to read as follows : 

§ 84. [Walls, ceilings, floors and receptacles.J Cleanliness of 
rooms. Every room in a factory and the floors, walls, ceilings, 
windows and every other part thereof and all fixtures therein shall 
at all times be kept in a clean and sanitary condition. The walls 
and ceilings of each [workj room in a factory shall be lime washed 
or painted, except when properly tiled or covered with slate or 
marble with a finished surface [when in the opinion of the com- 
missioner of labor, it will be conducive to the health or cleanli- 
ness of the persons working therein]. Such lime wash or paint 
shall be renewed whenever necessary as may be required by the 
commissioner of labor. Floors shall, at all times, be maintained 
in a safe condition [and shall be kept clean and sanitary at all 
times]. No person shall spit or expectorate upon the walls, floors 
or stairs of any building used in whole or in part for factory pur- 
poses. Sanitary cuspidors shall be provided [in the discretion of 
the commissioner of labor], in every workroom in a factory in 
[such] sufficient numbers [as the commissioner of labor may de- 
termine]. Such cuspidors shall be thoroughly cleaned daily. 
Suitable receptacles shall be provided and used for the storage of 
waste and refuse; such receptacles shall be maintained in a sani- 
tary condition. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL NO. 19. 
An Act 

To Amend the Labor Law, in Relation to the Clean, Sani- 
tary AND Safe Condition of Factory Buildings. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Article six of chapter thirty-six of the laws of nine- 
teen hundred and nine, entitled " An act relating to labor, consti- 
tuting chapter thirty-one of the consolidated laws," is hereby 









376 Appendix I — Bills Submitted to Legislature. 

amended bj inserting, after section eighty-four, a new section, 
to be section eighty-four-a, to read as follows: 

§ 84-a. Cleanliness of factory buildings. Every part of a 
factory building and of the premises thereof and the yards, courts, 
passages, areas or alleys connected with or belonging to the same, 
shall be kept clean, and shall be kept free from any accumulation 
of dirt, filth, rubbish or garbage in or on the same. The roof, 
passages, stairs, halls, basements, cellars, privies, water-closets, 
cesspools, drains and all other parts of such building and the prem- 
ises thereof shall at all times be kept in a clean, sanitary and safe 
condition. The entire building and premises shall be well drained 
and the plumbing thereof at all times kept in proper repair and in 
a clean and sanitary condition. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL NO. 20. 

An Act 

To Amend the Labor Law, in Relation to Ventilation in 
Factories and the Removal of Impurities and of Ex- 
cessive Heat Therein. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section eighty-six of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," is hereby 
amended to read as follows: 

§ 86. Ventilation. 1. The owner, agent or lessee of [aj 
every factory shall provide, in each work room thereof, proper and 
sufficient means of ventilation by natural or mechanical means or 
both, as may be necessary, and shall maintain proper and sufficieiit 
ventilation and proper degrees of temperature and humidity in 
every workroom thereof at all times during working hours. [ ; if 
excessive heat be created or if steam, gases, vapors, dust or other 
impurities that may be injurious to health be generated in the 



Appendix I — Bills Submitted to Legislature. 377 

course of the manufacturing process carried on therein the room 
must be ventilated in such a manner as to render them harmless, 
so far as is practicable ; in case of failure the commissioner of 
labor shall order such ventilation to be provided. Such owner, 
agent or lessee shall provide such ventilation within twenty days 
after the service upon him of such order, and in case of failure, 
shall forfeit to the people of the state, ten dollars for each day 
after the expiration of such twenty days, to be recovered by the 
commissioner of labor.J 

2. If dust, gases, fumes, vapors, fibers or other impurities are 
generated or released in the course of the business carried on in 
any workroom of a factory, in quantities tending to injure the 
health of the operatives, the person operating the factory, whether 
as owner or lessee of the whole or of a part of the building in 
which the same is situated, or otherwise, shall provide suction de- 
vices that shall remove said impurities from the workroom, at their 
point of origin where practicable, by means of proper hoods con- 
nected to conduits and exhaust fans of sufficient capacity to re- 
move such impurities, and such fans shall be kept running con- 
stantly while such impurities are being generated or released. If, 
owing to the nature of the manufacturing process carried on in a 
factory workroom, excessive heat be created therein the person or 
persons operating the factory as aforesaid shall provide, main- 
tain, use and operate such special means or appliances as may be 
required to reduce such excessive heat. 

3. The industrial board shall have power to make rules and reg- 
ulations for and fix standards of ventilation, temperature and 
humidity in factories and may prescribe the special means, if any, 
required for removing impurities or for reducing excessive heat, 
and the machinery, apparatus or appliances to be used for any of 
said purposes, and the construction, equipment, maintenance and 
operation thereof, in order to effectuate the purposes of this 
section. 

4. // any requirement of this section or any rule or regulation 
of the industrial board made under the provisions thereof shall not 
be complied with, the commissioner of labor shall issue or cause to 
be issued an order directing compliance therewith by the person 






I • 



378 Appendix I — Bills Submitted to Legislatube. 

whose duty it is to comply therewith within thirty days after the 
service of such order. Such person shall, in case of failure to 
comply with the requirements of such order, forfeit to the people 
of the state fifteen dollars for each day during which such failure 
shall continue after the expiration of such thirty days, to he recov^ 
ered hy the commissioner of labor. The liability to such penalty 
shall be in addition to the liability of su^ch person to prosecution 
for a misdemeanor as provided by section twelve hundred and 
seventy-five of the penal law. 

5. When the commissioner of labor shall issue, or cause to be 
issued, an order specified in subdivision four hereof, he may in 
such order require plans and specifications to be filed for any 
machinery or apparatus to be provided or altered, pursuant to the 
requirements of such order. In such case, before providing, or 
making any change or alteration in any machinery or apparatus 
for any of the purposes specified in this section, the person upon 
whom such order is served shall file with the commissioner of 
labor plans and specifications therefor, and shall obtain the 
approval of such plans and specifications by the commissioner of 
labor before providing or making any change or alteration in any 
such machinery or apparatus. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



Appendix I — Bills Submitted to Legislature. 



379 



BILL NO. 21. 



An Act 



To Amend the Labor Law, in Relation to Washrooms, 
Dressing Rooms and Water Closets in Factories. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section eighty-eight of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled "An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter three hundred and thirty-six of the laws 



of nineteen hundred and twelve, is hereby amended to read as 
follows : 

§ 88. Drinking water, washrooms a^id dressing rooms [and 
water closets J. i. In every factory there shall be provided at all 
times for the use of employees, a sufficient supply of clean and 
pure drinking water. Such water shall be supplied through 
proper pipe connections with water mains through which is con- 
veyed the water used for domestic purposes, or, from a spring or 
well or body of pure water ; if such drinking water be placed in 
receptacles in the factory, such receptacles shall be properly cov- 
ered to prevent contamination and shall be thoroughly cleaned at 
frequent intervals. 

2. In every factory there shall be provided and maintained for 
the use of employees suitable and convenient washrooms, separate 
for each sex, adequately equipped with [sinks and proper water 
service ; and] washing facilities consisting of sinks or stationary 
basins provided with running water or with tanks holding an ade- 
quate supply of clean water. Every washroom shall be provided 
with means for artificial illumination and with adequate means of 
ventilation. All washrooms and washing facilities shall be con- 
structed, lighted, heated, ventilated, arranged and maintained 
according to rules and regulations adopted with reference thereto 
by the industrial board. [i]/n all factories where lead, arsenic or 
other poisonous substances or injurious or noxious fumes, dust or 
gases are present as an incident or result of the business or pro- 
cesses conducted by such factory there shall be provided washing 
facilities which shall include hot water and soap and individual 
towels. 

S. Where females are employed, dressing or emergency rooms 
shall be provided for their use ; each such room shall have at least 
one window opening to the outer air and shall be enclosed by 
means of solid partitions or walls. [In brass and iron foundries 
suitable provisions shall be made and maintained for drying the 
working clothes of persons employed therein. In every factory 
there shall be provided suitable and convenient water closets for 
each sex, in such number as the commissioner of labor may deter- 
mine. Such water closets shall be properly screened, lighted, 
ventilated and kept clean and sanitary; the enclosure of each 



r!' 



380 Appendix I — Bills Submitted to Legislature. 

closet shall be kept clean and sanitary and free from all obscene 
writing or marking. The water closets used by females shall 
be entirely separated from those used by males and the entrances 
thereto shall be effectively screened. The water closets shall be 
maintained inside the factory whenever practicable and in all 
cases, when required by the commissioner of labor.J In every 
factory in which more than ten women are employed, there shall 
he provided one or more separate dressing rooms in such num- 
bers as required by the rules and regulations of the industrial 
board and located in such place or places as required by such rules 
and regulation's, having an adequate floor space in proportion to 
the number of employees, to be fixed by the rules and regulatians 
of the industrial board, but the floor space of every such dressing 
room shall in no event be less than sixty squ/ire feet; each dress- 
ing room shall be separated from any water closet compartment 
by adequate partitions and shall be provided with adequate means 
for artificial illumination; each dressing room shall be provided 
with suitable means for hanging clothes and with a suitable num- 
ber of seats. All dressing rooms shall be enclosed by means of 
solid partitions or walls, and shall be constructed, heated, venti- 
lated, lighted and maintained in accordance with such rules and 
regulations as may be adopted by the industrial board with refer- 
ence thereto, 

§ 2. Such chapter is hereby amended by inserting after sec- 
tion eighty-eight a new section, to be section eighty-eight-a, to read 
as follows : 

§ 88-a. Water closets, 1. In every factory there shall be pro- 
vided suitable and convenient water closets separate for each sex, 
in such number and located in such place or places as required by 
the rules and regulations of the industrial board. All wafer 
closets shall be maintained inside the factory except where, in the 
opinion of the commissioner of labor, it is impracticable to do so, 

2. There shall be separate water closet compartments for fe- 
males, to be used by them exclusively, and notice to that effect 
shall be painted on the outside of such compartments. The 
entrance to every water closet used by females shall be effectively 
screened by a partition or vestibule. Where water closets for 
males and females are in adjoining compartmpnf.9, (here shall he 



Appendix I — Bills Submitted to Legislatuke. 381 

solid plastered or metal covered partitions between the compart- 
ments extending from the floor to the ceiling. Whenever any, 
water closet compartments open directly into the workroom ex- 
posing the interior, they shall he screened from view by a parti- 
tion or a vestibule. The use of curtains for screening purposes is 
prohibited. 

3. The use of any form of trough water closet, latrine or school 
sink within any factory is prohibited. All such trough water 
closets, latrines or school sinks shall, before the first of October, 
nineteen hundred and fourteen, be completely removed and the 
place where they were located properly disinfected under the di- 
rection of the department of labor. Such appliances shall be re- 
placed by proper individual water closets, placed in water closet 
compartments, all of which shall be constructed and installed in 
accordance with rules and regulations to he adopted by the indus- 
trial board, 

4. Every existing water closet and urinal inside any factory 
shall have a basin of enameled iron or earthenware, and shall he 
flushed from a separate water-supplied cistern or through a flusho- 
meter valve connected in such manner as to keep the water supply 
of the factory free from contamination. All woodwork enclosing 
water closet fixtures shall be removed from the front of the closet 
and the space underneath the seat shall be left open. The floor or 
other surface beneath and around the closet shall he maintained 
in good order and repair and all the woodwork shall he kept well 
painted with a light-color paint. All existing water closet com- 
partments shall have windows leading to the outer air and shall he 
otherwise ventilated in accordance with rules and regulations 
adopted for that purpose by the industrial hoard. Such compart- 
ments shall he provided with means for artificial illumination 
and the enclosure of each compartment shall he kept free from 
all obscene writing or marking, 

5. All water closets, urinals and water closet compartments 
hereafter installed in a factory, including those provided to re- 
place existing fixtures, shall he properly constructed, installed, 
ventilated, lighted and maintained in accordance with such rules 
and regulations as may he adopted by the industrial hoard. 



382 



Appendix I — Bills Submitted to Leoislatube. 



<i 



6. AU water closet compartments, and the floors, walU, ceilings 
and surface thereof, and all fixtures therein, and all water closets 
and unnals shall at all times be kept and maintained in a clean 
and sanitary condition. Where the water supply to water closets 
or unnals w liable to freeze, the water closet compartment shall 
be properly heated so as to prevent freezing, or the supply and 
flush pipes, cxstems and traps and valves shall be effectively cov- 
ered with wool felt or hair felt, or other adequate covering. 

7. All water closets shall be constructed, lighted, ventilated 
arranged and maintained according to rules and regulations 
adopted with reference thereto by the industrial board. 

§ 3. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL No. 22. 
Aw Act 

To Amend the Labob Law, in Eelation to the Peotection 
OF Employees Operatino Machineet, Dcst-ceeatino 
Machineey, and the Lighting of Factoeies and Wobk- 

BOOMS. 

The People of the State of New York, represented in Semite 
and Assembly, do enact as follows: 

Section 1. Section eighty-one of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled "An act relating to labor 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter one hundred and six of the laws of nineteen 
hundred and ten, is hereby amended to read as follows : 

§ 81. Protection of employees operating machinery; dust-cr eat- 
ing machinery; lighting of factories and workrooms. 1. The 
owner or person in charge of a factory where machinery is used 
shall provide, [in the discretion of the commissioner of labor] 
as may be required by the rules and regulations of the industrial 
board, belt shifters or other mechanical contrivances for the pur- 
pose of throwing on or off belts on pulleys. Whenever practicable 
all machinery shall be provided with loose pulleys. [All vats' 



Appendix I — Bills Submitted to Leoislatube. 383 

pans, saws, planers, cogs, gearing, belting, shafting, set-screws and 
machinery, of every description, shall be guarded.] Every 
vat and pan wherever set so that the opening or top thereof 
is at a lower level than the elbow of the operator or operators at 
work about the same shall be protected by a cover which shall be 
maintained over the same while in use in such manner as effectur 
ally to prevent such operators or other persons falling therein or 
coming in contact with the contents thereof, except that where it 
is necessary to remove such cover while any such vat or pan is in 
use, such vat or pan shall be protected by an adequate railing 
around the same. Every hydro-extractor shall be covered or other- 
wise properly guarded while in motion. Every saw shall be pro- 
vided with a proper and effective guard. Every planer shall be 
protected by a substantial hood or covering. Every hand-planer or 
jointer shall be provided with a proper and effective guard. All 
cogs and gearing shall be boxed or cased either with metal or 
wood. All belting within seven feet of the floors shall be properly 
guxirded. All revolving shafting within seven feet of the floors 
shall be protected on its exposed surface by being encased in such 
a manner as to effectually prevent any part of the body, hair or 
clothing of the operators or other persons from coming in contact 
with such shafting. All set-screws, keys, bolts and all parts pro- 
jecting beyond the surface of revolving shafting shall be counter- 
sunk or provided with suitable covering, and machinery of every 
description shall be properly guarded and provided with proper 
safety appliances or devices. All machines, machinery, appar- 
atus, furniture and fixtures shall be so placed and guarded in rela- 
tion to one another as to be safe for all persons. Whenever any 
danger exists which requires any special care as to the character 
and condition of the clothing of the persons employed there- 
abouts, or which requires the use of special clothing or guards, 
the industrial board may make rules and regulations prescribing 
what shall be used or worn for the purpose of guarding against 
such danger and regulating the provision, maintenance and use 
thereof. No person shall remove or make ineffective any safe- 
guard or safety appliance or device around or attached to ma- 
chinery, vats or pans, [while the same are in use unless for the 
purpose of immediately making repairs thereto or adjustment 



>^ 



J 



384 Appendix I — Bills Submitted to Legislature. 

thereof, [and all such safeguards so removed shall be promptly 
replacedj and any person who removes or maJces ineffective any 
such safeguard, safety appliance or device for a permitted purpose 
shall immediately replace the same when such purpose is accom- 
plished. It shall he the duty of the employer and of every person 
exercising direction or control over the person who removes such 
safeguard, safety appliance or device, or over any person for 
whose protection it is designed to see that a safeguard or safety 
appliance or device that has been removed is promptly and prop- 
erly replaced. All fencing, safeguards, safety appliances and 
devices must he constantly maintained in proper condition. [IfJ 
When in the opinion of the commissioner of labor a machine or 
any part thereof is in a dangerous condition or is not properly 
guarded or is dangerously placed, the use thereof [niayj shall 
be prohibited by the commissioner of labor and a notice to that 
effect shall be attached thereto. Such notice shall not be removed 
except by an authorized representative of the department of labor, 
nor until the machinery is made safe and the required safe- 
guards or safety appliances or devices are provided, and in the 
meantime such unsafe or dangerous machinery shall not be used. 
The industrial board may make rules and regulations regulating 
the installation, position, operation, guarding and use of machines 
and machinery in operation in factories, the furnishing and use 
of safety devices and safety appliances for machines and ma- 
chinery and of guards to be worn upon the person, and other cog- 
nate matters, whenever it finds such regulations necessary in order 
to provide for the prevention of accidents in factories. 

2. All grinding, polishing or buffing wheels used in the course 
of the manufacture of articles of the baser metals shall be 
equipped with proper hoods and pipes and such pipes shall be 
connected to an exhaust fan of sufficient capacity and power to 
remove all matter thrown off such wheels in the course of their 
use. Such fan shall be kept running constantly while such grind- 
ing, polishing or buffing wheels are in operation ; except that in 
the case of wet-grinding it is unnecessary to comply with this 
provision unless required by the rules and regulations of the in- 
dustrial board. All machinery creating dust or impurities shall 



Appendix I — Bills Submitted to Legislatube. 886 

be equipped with proper hoods and pipes and such pipes shall be 
connected to an exhaust fan of sufficient capacity and power to 
remove such dust or impurities; such fan shall be kept miming 
constantly while such machinery is in use ; except where, in case 
of wood-working machinery, the [commissioner of labor, after 
first making and filing in the public records of his office a written 
statement of the reasons therefor,] industrial board shall decide 
that it is unnecessary for the health and welfare of the operatives. 

S. All passageways and other portions of a factory, and all 
moving parts of machinery which are not so guarded as to prevent 
accidents, where, on or about which persons work or pass or may 
have to work or pass in emergencies, shall be kept properly and 
sufficiently lighted during working hours, [When, in the opinion 
of the commissioner of labor, it is necessary] The [workrooms] 
halls and stairs leading to the workrooms shall be properly and 
adequately lighted, and [in cities of the first class, if deemed 
necessary by the commissioner of labor,] a proper and adequate 
light shall be kept burning by the owner or lessee in the public 
hallways near the stairs, upon the entrance floor and upon the 
other floors on every workday in the year, from the time when 
the building is open for use in the morning until the time it is 
closed in the evening, except at times when the influx of natural 
light shall make artificial light unnecessary. Such lights shall 
be [independent of the motive power of such factory] so arranged 
as to insure their reliable operation when through accident or 
other cause the regular factory lighting is extinguished. 

i. All workrooms shall be properly and adequately lighteS 
during working hours. Artificial illuminants in every workroom 
shall be installed, arranged and used so that the light furnished 
will at all times be sufficient and adequate for the work carried on 
therein, and so as to prevent unnecessary strain on the vision or 
glare in the eyes of the workers. The industrial board may mak& 
rules and regulations to provide for adequate and sufficient natural 
and artificial lighting facilities in all factories. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 

25 



i.... 



386 Appendix I — Bills Submitted to Leoislatube. 

BILL No. 23. 

Aw Act 

To Amend the Labor Law, in Relation to Elevators and 
Hoisting Shafts in Factory Buildings. 

The People of the State of New Yorle, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Section seventy-nine of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled " An act relating to lahor, 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter two hundred and ninety-nine of the laws of 
nineteen hundred and nine, is hereby amended to read as follows : 

§ 79. [Inclosure and operation of ej^levators and hoistways. 
[Hoisting shafts; inspection. If, in the opinion of the commis- 
sioner of labor, it is necessary to protect the life or limbs of 
factory employees, the owner, agent or lessee of such factory 
where an elevator, hoisting shafts or well-hole is used, shall cause, 
upon written notice from the commissioner of labor, the same to 
l)e properly and substantially inclosed, secured or guarded, and 
shall provide such proper traps or automatic doors so fastened 
in or at all elevator ways, except passenger elevators, inclosed on 
all sides, as to form a substantial surface when closed and so con- 
structed as to open and close by action of the elevator in its 
passage either ascending or descending. The commissioner of 
labor may inspect the cable, gearing or other apparatus of eleva- 
tors in factories and require them to be kept in a safe condition.J 
1. Inclosure of shafts. Every hoistway, hatchway or well-hole 
used for carrying passengers or employees, or for freight elevators, 
hoisting or other purpose, shall he protected on all sides at each 
floor including the basement, by substantial vertical inclosures. 
All openings in such inclosures shall he provided with self -closing 
gates not less than six feet high or with properly constructed 
sliding doors. In the case of elevators used for carrying passengers 
or employees, such ir^closures shall be flush with the hatchway and 
shall extend from floor to ceiling on every open side of the car, 
and on every other side shall be at least six feet high, and such 



Appendix I — Bills Submitted to Legislature. 387 

enclosures shall he free from fixed obstructions on every open 
side of the car. In the case of freight elevators the enclosures 
shall be flush with the hoistway on every open side of the car. 
In place of the inclosures herein required for freight elevators, 
every hatchway used for freight elevator purposes may he pro- 
vided with trap doors so constructed as to form a substantial floor 
surface when closed and so arranged as to open and close by the 
action of the car in its passage both ascending and descending; 
provided that in addition to such trap doors, the hatchway shall 
he adequately protected on all sides at all floors, including the 
basement, by a substantial railing or other vertical inclosure at 
lea^t three feet in height. 

2. Guarding of elevators and hoistways. All counter-weights of 
every elevator shall be adequately protected by proper inclosures 
at the top and bottom of the run. The car of all elevators used 
for carrying passengers or employees shall be substantially en- 
closed on all sides, including the top, and such car shall at all 
times be properly lighted, artificial illuminants to be provided and 
used when necessary. The top of every freight elevator car or 
platform shall be provided with a substantial grating or covering 
for the protection of the operator thereof, in accordance with 
such rules and regulations as may be adopted with reference 
thereto by the industrial board. 

3. Elevators and hoistways in factory buildings hereafter 
erected. The provisions of subdivisions one and two of this sec-" 
Hon shall apply only to factory buildings heretofore erected. In 
all factory buildings hereafter erected, every elevator and every 
part thereof and all machinery connected therewith and every 
hoistway, hatchway and well-hole shall be so constructed, guarded, 
equipped, maintained and operated as to be safe for all persons 
using the same. 

4. Maintenance of elevators and hoistways in all factory build- 
ings. In every factory building heretofore erected or hereafter 
erected, all inclosures, doors and gates of hoistways, hatchways or 
well-hole, and all elevators therein used for the carrying of pas- 
sengers or employees or freight, and the gates and doors thereof 
shall at all times be kept in good repair and in a safe condition. 
All openings leading to elevators shall be kept well lighted at all 






388 Appendix I — Bills Submitted to Legislature. 

times during working hours, with artificial illumination when 
necessary. The cable, gearing and other apparatus of elevators 
used for carrying passengers or employees or freight shall be kept 
in a safe condition. 

5. Powers of industrial board. The industrial board shall have, 
power to make rules and regulations not inconsistent with the 
provisions of this chapter regulating the construction, guarding, 
equipment, maintenance and operation of elevators and all parts 
thereof, and all machinery connected therewith and hoistways, 
hatchways and well-holes, in order to carry out the purpose and 
intention of this section. 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL No. 24. 

An Act 

To Amend the Labor Law, in Kelation to Protecting the 
LivES^ Health and Safp:ty of Employees in Dangerous 
Trades. 

The People of the State of Xew York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter thirty-six of the laws of nineteen hundred 
and nine, entitled ''An act relating to labor, constituting chapter 
thirty-one of the consolidated laws,'' is hereby amended by insert- 
ing therein, after section ninety-eight, a new section to be section 
ninety-nine, to read as follows : 

§ 99. Dangerous trades. Whenever the industrial board shall 
find as a result of its investigations that any industry, trade or 
occupation by reason of the nature of the materials used therein 
or the products thereof or by reason of the methods or processes or 
machinery or apparatus employed therein or by reason of any 
other matter or thing connected with such industry, trade or occu- 
pation, contains such elements of danger to the lives, health or 
safety of persons employed therein as to require special regulation 
for the protection of such persons said board shall have power to 



Appendix I — Bills Submittpjd to Legislature. 389 

make such special rules and regulations as it may deem necessary 
to guard against such elements of danger by establishing require- 
ments as to temperature, humidity, the removal of dusts, gases or 
fumes and requiring licenses to be applied for and issued by the 
commissioner of labor as a condition of carrying on any such 
industry, trade or occupation and requiring medical inspection 
and supervision of persons employed and applying for employ- 
ment and by other appropriate means. 

§ 2. This act shall take effect immediately. 



BILL :N'o. 25. 



An Act 



To Amend the Labor Law, in Relation to Foundries. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter thirty-six of the laws of nineteen hundred 
and nine, entitled " An act relating to labor, constituting chapter 
thirty-one of the consolidated laws," is hereby amended by insert- 
ing therein, after section ninety-six, a new section, to be section 
ninety-seven, to read as follows: 

§ 97. Brass, iron and steel foundries. 1. Foundries shall be 
subject to all the provisions of this chapter relating to factories. 

2. All entrances to foundries shall be so constructed and main- 
tained as to minimize drafts, and all windows therein shall be 
maintained in proper condition and repair. 

3. All gangways in foundries shall he constructed and main^ 
tained of sufficient width to make the use thereof by employees 
reasonably safe; during the progress of casting such gangways 
shall not be obstructed in any manner. 

4. Smoke, steam and gases generated in foundries shall be> 
effectively removed therefrom, in accordance with such rules and 
regulations as may be adopted with reference thereto by the indus- 



390 Appendix I — Bills Submitted to Legislature. 

jtrial hoard, and whenever required hy the regulations of such 
hoard, exhaust fans of sufficient capacity and power, properly 
equipped with ducts and hoods, shall he provided and operated 
to remove such smoke, steam and gases. The milling and clean- 
ing of castings, and milling of cupola cinders, shall he done under 
such conditions to he prescrihed hy the rules and regulations of 
the industrial hoard as will adequately protect the persons em- 
ployed in foundries from the dust arising during the process, 

5. All foundries shall he properly and thoroughly lighted dur- 
ing working hours and in cold weather proper and sufficient heat 
shall he provided and maintained therein. The use of heaters 
discharging smoke or gas into workrooms is prohihited. In all 
foundries suitahle provision shall he made and maintained for 
drying the working clothes of persons employed therein, 

6. In every foundry in which ten or more persons are em- 
ployed or engaged at lahor, there shall he provided and main- 
tained for the use of employees therein suitahle and convenient 
tvashrooms of sufficient capacity adequately equipped with hot 
and cold water service; such washrooms shall he kept clean and 
sanitary and shall he properly heated during cold weather. In 
every such foundry lockers shall he provided for the safe-keeping 
of employees' clothing. In every foundry in which more than 
ten persons are employed or engaged at lahor where water 
closets or privy accommodations are permitted hy the commis- 
sioner of lahor to remain outside of the factory under the pro- 
visions of section eighty-eight of this chapter, the passageway 
leading from the foundry to the said water-closets or privy accom- 
modations shall he so protected and constructed that the em- 
ployees in passing thereto or therefrom shall not he exposed to 
outdoor atmosphere and such water closets or privy accommoda- 
tions shall he properly heated during cold weather, 

7. The flasks, molding machines, ladles, cranes and apparatus 
for transporting molten metal in foundries shall he maintained 
in proper condition and repair, and any such tools or implements 
that are defective shall not he used until properly repaired. There 
shall he in every foundry, availahle for immediate use, an ample 
supply of lime water, olive oil, vaseline, handages and ahsorhent 
cotton, to meet the needs of workmen in case of hums or other 



Appendix I — Bills Submitted to Legislature. 391 

accidents; hut any other equally efficacious remedy for hurnst 
may he suhstituted for those herein prescrihed, 

% 2. This act shall take effect October first, nineteen hundred, 
and thirteen. 



BILL No. 26. 

An Act 

To Amend the Labor Law, in Relation to the Prohibition 
OF the Employment of Children in the Operation of 
Dangerous Machinery and in Trades, Occupations or 
Processes of Manufacture Dangerous or Injurious to 
Their Health and in Relation to the Prohibition of 
the Employment of Women in the Corerooms of 
Foundries. 

The People of the State of New York, represented in Senate, 
and Assemhly, do enact as follows: 

Section 1. Section ninety-three of chapter thirty-six of the laws 
of nineteen hundred and nine, entitled " An act relating to labor, 
constituting chapter thirty-one of the consolidated laws," as 
amended by chapter one hundred and seven of the laws of nine- 
teen hundred and ten, is hereby amended to read as follows: 

§ 93. Prohibited employment of women and children. 1. No 
child under the age of sixteen years shall be employed or per- 
mitted to work in operating or assisting in operating any of the 
following machines. Circular or band saws, woodshapers, wood- 
jointers, planers, sandpaper or wood polishing macinery; picker 
machines or machines used in picking wool, cotton, hair or any 
upholstery material; paper lace machines; burnishing machines 
in any tannery or leather manufactory; job or cylinder printing 
presses having motor power other than foot; wood-turning or 
boring machinery; drill presses; metal or paper cutting ma- 
chines ; corner staying machines in paper box factories ; stamping 
machines used in sheet metal and tinware manufacturing or in 
washer and nut factories; machines used in making corrugating 
rolls; steam boilers; dough brakes or cracker machinery of any 
description; wire or iron straightening machinery; rolling mill 



i 



392 



Appendix I — Bills Submitted to Legislature. 



machinery; power punches or shears; washing, grinding or mix- 
ing machinery; calendar rolls in rubber manufacturing; or laun- 
dering machinery; or in operating or assisting in operating any 
other machines or machinery which may he found hy the indus- 
trial board to he dangerous and specified as such from time to 
time in rules and regulations adopted hy such hoard. 

2. No child under the age of sixteen years shall be employed 
or permitted to work at adjusting or assisting in adjusting any 
belt to any machinery, oiling or assisting in oiling, wiping or 
cleaning machinery; or in any capacity in preparing any com- 
position in which dangerous or poisonous acids are used; or in 
the manufacture or packing of paints, dry colors, or red or white 
lead ; or dipping or dyeing [or packing] matches ; or in the manu- 
facture, packing or storing of powder, dynamite, nitroglycerine, 
compounds, fuses, or other explosives ; or in or about any distil- 
lery, brewery, or any other establishment where malt or alcoholic 
liquors are manufactured, packed, wrapped, or bottled; and no 
female under the age of sixteen shall be employed or permitted 
to work in any capacity where such employment compels her to 
remain standing constantly. No child under the age of sixteen 
years shall be employed or permitted to have the care, custody or 
management of or to operate an elevator either for freight or 
passengers. No person under the age of eighteen years shall be 
employed or permitted to have the care, custody or management 
of or to operate an elevator either for freight or passengers run- 
ning at a speed of over two hundred feet a minute. No male 
persons under eighteen years or woman under twenty-one years 
of age shall be permitted or directed to clean machinery while 
in motion. No male child under the age of eighteen years, nor 
any female, shall be employed in any factory in this state in 
operating or using any emery, tripoli, rouge, corundum, stone, 
carborundum or any abrasive, or emery polishing or buffing 
wheel, where articles of the baser metals or of iridium are 
manufactured. 

S, In addition to the cases provided for in the foregoing sub- 
division, the industrial hoard, when as a result of its investiga- 
tions it finds that any particular trade, process of manufacture, 
or occupation, or particular method of carrying on any trade. 



Appendix I — Bills Submitted to Legislature. 393 

process of manufacture, or occupation, is dangerous or injurious 
to the health of minors under eighteen years of age employed 
therein, shall have power to adopt rules and regulations prohibit- 
ing or regulating the employment of such minors therein, 

4' ^0 female shall he employed or permitted to work in any 
brass, iron or steel foundry, at or in connection with the making 
of cores where the oven in which the cores are baked is located 
and is in operation in the same room or space in which the cores 
are made. The erection of a partition separating the oven from 
the space where the cores are made shall not he sufficient unless 
the said partition extends from the floor to the ceiling, and the 
partition is so constructed and arranged, and any openings therein 
so protected that the gases and fumes from the core oven will not 
enter the room or space in which the women are employed. The 
industrial hoard shall have power to adopt rules and regulations 
regulating the construction, equipment, maintenance and operation 
of core rooms and the size and weight of cores that may he handled 
by women, so as to protect the health and safety of women em- 
ployed in core rooms, 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL No. 27. 
An Act 



To Amend the Public Health Law, in Kelation to the Sale 

OF Wood Alcohol. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. Chapter forty-one of the laws of nineteen hundred 
and nine, entitled "An act in relation to the public health, consti- 
tuting chapter forty-five of the consolidated laws," is hereby 
amended by inserting therein, after section three hundred and 
eighteen-a, a new section, to be section three hundred and eigh- 
teen-b, to read as follows: 

§ 318-&. Sale of wood alcohol. No person shall sell any wood 
alcohol nor any fluid containing wood alcohol unless the bottle. 



394 Appendix- I — Bills Submitted to Legislature. 

vessel or other container in which the same is sold or transported 
shall hear a label containing the following words conspicuously 
printed in red ink: 

POISON 

WOOD ALCOHOL 

Do not use except where there is sufficient 

ventilation, 

§ 2. This act shall take effect October first, nineteen hundred 
and thirteen. 



BILL ^o, 28. 
An Act 



To Continue the Commission Created by Chapter Five Hun- 
dred AND Sixty-one of the Laws of Nineteen Hundred 
AND Eleven, Entitled "An Act to Create a Commission 
TO Investigate the Conditions Under Which ^^Ianufac- 
ture is Carried on in Cities of the First and Second 
Class in This State, and Making an Appropriatioi* 
Therefor," and to Enlarge the Scope of the Investi- 
gation OF the Commission and Making an Appropriation 
Therefor. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Section 1. The commission created by chapter five hundred and 
sixty-one of the laws of nineteen hundred and eleven, entitled "An 
act to create a commission to investigate the conditions under 
which manufacture is carried on in cities of the first and second 
class in this state, and making an appropriation therefor," is 
hereby continued with all the powers conferred by said chapter, as 
amended by chapter twenty-one of the laws of nineteen hundred 
and twelve. 

§ 2. In addition to the powers heretofore conferred upon it by 
such chapter, as amended, the said commission shall have power to 
inquire into the wages of labor in all industries and employments 



Appendix I — Bills Submitted to Legislature. 395 

and the conditions under which labor is carried on throughout 
the state, and into the advisability of fixing minimum rates of 
wages or of other legislation relating to the wages or conditions of 
labor in general or in any industry. Said commission shall also 
have power to subpoena and require the attendance of witnesses 
and the production of books and papers pertaining to the investi- 
gation and inquiries hereby authorized and to take the testimony 
of all such witnesses and to examine all such books and papers 
in relation to any matter which it has power to investigate. 

§ 3. The said commission shall make a report of its proceed- 
ings, together with its recommendations, including a revision of 
the labor law, to be prepared by the said commission if deemed 
advisable by it, to the legislature on or before the fifteenth day 
of February, nineteen hundred and fourteen. 

4. The sum of fifty thousand dollars ($50,000), or so much 
thereof as may be needed, is hereby appropriated for the actual 
and necessary expenses of the commission in carrying out the pro- 
visions of chapter five hundred and sixty-one of the laws of nine- 
teen hundred and eleven, as amended, and of this act, payable by 
the treasurer on the warrant of the comptroller on the order of the 
chairman of said commission. 

§ 5. This act shall take effect immediately. 



INDEX TO COMMISSION'S REPORT. 






PAGE. 

Accidents in Chemical Industries 048 

Accident Prevention 235-243 

Education of Employer and Employee for 242 

Enforcement of Law for 241 

Industrial Board to Make Rulea for 238 

Report on 235-243 

Acids, Commercial 247 

Ages of Children in Canneries ^32 

Assistance Rendered Commission, Appreciation of 2I 

Authority of Commission jo 

Automatic Sprinklers 68-72 88 

Average Hours no Measure of Fatigue J53 

Bakeries 216-226 

Additional Minimum Requirements for 224 

Cellar 221 

Extent of the Industry 217 

General Conditions in 01 « 

Physical Examination of Workers in 22O 

Present Jurisdiction over 217 

Proliibition of New Cellar 223 

Proposed Change in Jurisdiction over 2I8 

Sanitary Certificate for 2I8 

Sanitary Code for 225 

Bureaus of Labor Department * 33 

'^"""'*' • • : ..;:"";;;.■;;:.■;.■.:.■;■■ 124-175 

Housing Conditions in ^^^ 

Sanitary Conditions in ,-. 

Special Inspection of j^^ 

Laws in other States, Governing J42 169 

Season in ' , rr. 

I f)^ 

Sheds of jgQ 

Work Essentially Factory Work in 152 

Investigation of Commission into 126 

Carelessness of Manufacturers in Giving Out Home Work 101 

Chemical Industry 24c 

Child I^bor at Dangerous Machinery ^go 

Child Labor in Canneries ,'07 ^AO 

^. ,. 127-143 

Findings ^^^ 

Recommendation of Commission on iao 

Child Labor .... ' "* 

1 76-1 92 

Educational Requirement for ,77 

Physical Requirement for ]7fi 

Prohibition of, in Tenements j jjj 

• 

1 



11 



Index 



Index 



111 



Child Labor Law, Jurisdiction for Violation of . . . . '^°f: 

Enforcement of ^^'^ 

Child Labor Law not Applied to* CanneVi^ ! ! ! ! ]^ 

Children Forced to Work in Canneries 

Commercial Acids ^3*'* 

Commission, Creation of ***** ^^^ 

Congestion, Prevention of ^^ 

Continuation Schools ^^ 

Converted Dwellings or Tenements........*.*.*.*.' ^^ 

Dangerous Trades, Educational Work in.^.,.,.,], ^ 

Industrial Board to Make Rules for....... ^c^ 

Report on ^^^ 

Ventilation, special . . . .......*.*. 244-254 

Danger to Life in Fireproof Buildings. . .*..*. ,',',,', ^^^ 

Department Stores ^^ 

Conditions of Work in. .....*.*.'!!.'.'*.'; [][ 266-290 

Hours of Work in (Including Night Hours) .'.*.'.* ^70 

Number and Per Cent of Women and Chi Wren in ...'.' .* «!, 

Organization of ^^ 

Wages, in ^^ 

Doors, Opening Outward ^^^ 

Dressing Rooms in Factories ^^ 

Dusty Processes in Industry ^^^ 

Earnings of Home Workers ^^^ 

Economic Status of Home Workers' Families ^^^ 

Elevators ramiues j^^ 

Employment Certiacates for Children. ^^^ 

Employment of Young Children in Canneries '*.*.* ,o^ "!!? 

Examinations foi fn^poctors i^/-143 

Exemption from Factory Law,* Claim'of Canners'io; l!! 1 ! ,tl 

Exits m Existing Buildings.. '^^ 

Exit Signs * * 72 

Factory Inspection, inadequacy* of* ihe*P*r'esent'sysiem* 'of o7 

if ire Hazard in Factories ^' 

Automatic Sprinklers .\\ ^"^'^ 

Fire-Alarm Signal Systems ^ 

Fire Drills 66 

Fire-Escapes, Stairways and e'xUs -Existing' Buildings .' % 

h ire Losses — American and European 

Fire Problem in New York City ^ 

Fire Problem in Other Cities of the State ^^ 

Fireproof Buildings, Danger to Life ^* 

Future Factory Buildings - Construction of .'.'.'.'.'.".'.' ^ ! ^ f 

Limitation of Number of Occupanta 

Loft Buildings ... ^^ 

Prevention of Congestion .* ; ^^ 

Prevention of Fire ^ 

66 



Food Products, Prohibition of Manufacture in Tenements of ^Ton 

Foundries, Heating of ' 

Measures to Prevent Accidents in ocl 

Prevention of Drafts in ?f 

Proper ventilation in ^^' 

Report on ^^^ 

Washing Facilities in.........!.!.!!...*.*.*.*.*.'.'.'*''*' 255-263 

Foundry no Place for Women !!!!!!!! ^^^ 

Home Work, Communities in Which It Is Found "q1 

Industries Giving ^* 

° QO 

Home Work Inspection, Division of 

Home Work in Tenements, Remedies Advocated for ]]] 

Home Work, Sanitary Conditions of 

Home Work System, Unrestricted Hours of*ia*bo*r"for' Wom^nin iqs 

Home Workers' Families, Economic Status of . . . . " " 

Hours of Labor of Children in Canneries.. ^^^ 

House Work of Women Employed in Canneries.'.*.*.* !'!f 

Individual Responsibility for Fires 

Industrial Board, Recommended ! ! ! ! ! ^^ 

Organization of ^^ 

Meetings of ^^ 

Powers of ^^ 

Procedure of ^^ 

Industrial Code ...:■.■.■.::■.■.■.■.::::::::::::: ^^ 

Industrial Hygiene, Division of.... '^ 

InvL^'JaUons' ^"'''""*'°" °* Manufacture'in Tenemenu'of.".'.'.";.".';;;.' jS 

Conditions in Canneries ! ^* 

Dangerous Trades * ! ! ! ] ^^ 

General Sanitary Conditions ^^ 

Manufacturing in Tenement Houses...!!.!!! ^* 

Mercantile Establishments ^^ 

Night Work of Women in Factories! ^^ 

The Fire Problem ^^ 

The Printing Industry '. ^^ 

The Tobacco Industry ^^ 

Labeling of Containers of Wood !ilcohol!!!! ^^ 

Labor, Department of ^54 

Bureaus of 26 

Counsel to ^^ 

Filing Construction Plans with !.!!!!!!!! ^^ 

Importance of ^^ 

Organi/Ation of ! ! ! ! 26 

Labor Law and Ite Administration...! ^^ 

The Present 26-52 

Penalties for Violation*of ^8 

I-w Regulating Tenement House Manufacture*,' Am'endmente Proposed "" 
121 



IV 



Index 



I ■ 



y ' . < 



PAGE. 

Lead Poisoning 24S 

Legislative Powers, Delegation of 33 

Light and Illumination in Factories 229 

Lighting of Moving Parts of Machinery 238 

Lighting of Passageways 238 

Limitation of Number of Occupantg in Factories 83-88 

Manufacturing in Tenements 90-123 

Previous Legislation on 90 

Recommendations for Regulation of ' 116 

Sources of Information on 91 

Medical Inspection of Department of Labor, Section of 45 

Members of Commission 11 

Mercantile Establishments, Report on Women and Children in 264-290 

Mercantile Inspection, Division of 41 

Methods of Inspection 49 

Milling and Cleaning of Castings 259 

Miscellaneous Reports 17 

Night Work of Women 193-215 

Constitutionality of Proposed Bill Regulating 203 

Dangers to Health from 193 

Danger to Morals from 202 

The Proposed Law on 203 

New Buildings, Requirements for Construction of 76-80 

Doors and Doorways 80 

Enclosure of Stairways and Elevator Shafts and Vertical Openings. 79 

Floor Area and Required Exits 77 

Partitions 80 

Roofs and Cornices 77 

Smoke-proof Towers 78 

Stairways, Construction of 78 

Winders 79 

Non-fireproof Loft 59 

Occupations of Children Dangerous to Health 182 

Offices for the Department of Labor 50 

Organization of Commission 13 

Outside Fire-escapes, Inadequacy of 73 

Overtime Evening Work, Danger to Healtli of Women from 198 

Overtime Work in Canneries, the Necessity of 159 

Passageways to Outside Water Closets 259 

Pensions for Inspectors 48 

Physical Examination of Children in Factories 180 

Policy of Commission 22 

Posting of Abstracts of the Labor Law 50 

Prevention of Fire 66 

Publication of Reports of Department of Labor 48 

Reasonable Hours in Some Canneries 164 

Report on Canneries 124-175 

Report on Child Labor 176-192 



Index y 

PAGE. 

Report on Night Work of Women in Factories, Summary of 212 

Recommendations, Miscellaneous, for Department of Labor 48 

Rua-h Periods in Cannery Work 153 

Safeguarding of Machinery, Proposed Changes in Law for 237 

Salary of Commissioner of Labor 33 

Sanitary Conditions, Report on General 227-234 

Scope of Commission 12 

Scope of Commission's Investigation of Fire Problem 57 

Second Class Cities, Mercantile Inspection in 42 

Special Inspection of Canneries 174 

Stairhalls, Enclosed gg 

Stairways, Enclosed 74 79 

Capacity in Existing Buildings g4 

Capacity in Future Buildings 35 

Limitation of Number of Occupants According to Capacity of 84 

Stairways to the Roof 74 

Temperature in Chemical Industries 247 

Tenement House Manufacture, Proposed Amendments of Law 

Regulating j^g 

Tenement Manufacture, Child Labor in jo3 

Tentative Bills, Special Hearings jg 

Unclean Workrooms in Factories 229 

Vats, Covering of 953 

Ventilation in Factories 030 

Wages and Restriction of Hours in Canneries 164 

Washing Facilities in Factories 230 

Water Closet Accommodation in Factories 231 

Women in Core Rooms, Report on 260-26 3 

Women's Work Generally, Hours of Labor 215 

Women's Work in Canneries 143-174 

Hours of Labor of ^^4 

Recommendations for Regulation of 173 

Varieties of ^ , ^c 

Wood Alcohol .,'.,', 249 

Work of Commission in 1911 1 3 

Work of Commission since Mirch 6, 1912 14 

Workmen's Compensation Law * ^ ^ 242 



26 



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STATE OF NEW YORK 



SECOND REPORT 



OF THE 



Factory Investigating Commission 



1913 



VOLUME II 

APPENDICES TO REPORT 



TRANSMITTED TO THE LEGISLATURE JANUARY l5. 1913 



ALBANY 
J. B. LYON COMPANY. PRINTERS 
1913 



f! 



V 



State of New York 



No. 36 



IN SENATE 




5*( € / 

MP 

•. 7 _ 



l> 



{ 



January 15, 1913 



SECOND REPORT 



^ OF THE 



New York State Factory Investigating Commissi 



sion 



January 15. 1913 



ABRAM I. ELKUS 

Chief Counsel 



BERNARD L SHIENTAG 

Assistant Counsel 



ROBERT F. WAGNER 

Chairman 

ALFRED E. SMITH 

r ice-Chairman 

CHARLES M. HAMILTON 
EDWARD D. JACKSON 
CYRUS W.PHILUPS 
SIMON BRENTANO 
ROBERT E. DOWUNG 
MARY E. DREIER 
SAMUEL GOMPERS 



FRANK A. TIERNEY 

Secretary 

GEORGE M. PRICE. M.D. 

Director of Investigation 



TABLE OF CONTENTS 



•f 



I t 



VOLUME II 

Page. 
Appendix II— Report of Director of Investigation— George 

M. Price, M. D 439-61 1 

Chapter I— The Scope, Organization and Work of the 

Investigation 397 

Chapter 11 — Existing conditions under which manufacturing 

is carried on in the state 402. 

Chapter III— Night Work of Women 439 

Chapter IV— The Chemical Industry 459 

Chapter V— The Tobacco Industry 437 

Physical examination of female tobacco workers. 492 

Cluipter VI— The Printing Industry 514 

Chapter VII — ^^liscellaneous Reports 533 

1. Diseases of ear and upper respiratory tract among 

factory workers— Otto Glogau, M. D 533 

2. The inspection of establishments producing, refin- 

ing or using wood alcohol — Frederick E. 
Breithut, Sc. D 54^ 

3. Personal Historias of 132 chemical workers in plants 

at Niagara Falls 549 

4. Accidents occurring in plants at Niagara Falls 559 

5. Cases of Industrial Lead Poisoning traced to Niagara 

Falls Plants ^^3 

6. Comparative Tables of Accidents in the Chemical 

Industries qq« 

Appendix III— The Fibe Hazard — James P. Whiskeman, C. E. 613-666 

Appendix IV— Report on Manufacturing in Tenements in New 

York State— Elizabeth C. Watson 667-755 . 

Appendix V — Industrial Conditions in the Canning In- 
dustry of New York State — Zenas L. 
P«™« 757-915 

[v] 



■\ 



(I 



i 



yi Table of Contknts. 

Pagf. 

Appkndix VI— Report on Wood Alcohoi^—Charles Basker- 

viLLE, PH. D., F. C. S 917-1042 

\ppENi)ix VII — Report on Commercial Acids— Dr. Charles F. 

' ' McKENNA 1043-1080 

Appendix VIII— Report on Lead and Arsenical Poisoning— 

C. T. Graham Rogers, M. D., and John H. 
VOGT, B. S 1081-1192 

Appendix IX— Preliminary Report on Employment of Women 

and Children in Mercantile Establishments 
—Pauline Goldmark and George A. Hall... 1193-1270 

Appendix X— Briefs and Memoranda 1271-1340 

I — The new statute for the protection of child-bearing 

factory workers — Edward Bunnell Phelps 1273 

II— Conditions in Canneries — ^Memorandum of the New York 

State Canners' Association 1289 

III— The Reorganization of the Labor Department 1302-1311 

Memorandum by the New York Association for Labor 

Legislation ^^^2 

Memorandum by Paul Kennaday 1308 

IV— Memorandum on behalf of New York Retail Bakers' 

Association 1.^2 

V— Memorandum on Fire Hazard — Civic Organization's Con- 
ference on Public Safety 1320 

VI— Homework in tenements — Brooklyn Consumers' League. . 1330 

VII — Memorandum submitted by Needle Trades Associations. 1332 

VIII— Resolutions 13381340 



t 



APPENDIX II 



GENERAL REPORT 



of the 



DIRECTOR OF INVESTIGATION 



BY 

Geoeob M. Price, M. D. 



.-(1 J 



New Yoek City, January 1st, 1913. 

Hon. EoBEET F. Wagneb, Chaieman New York State Factory 

Investigating Commission New York City: 
Deab Sib: 

I have the honor to transmit herewith my General Eeport of the 
sanitary investigation of " existing conditions under which manu- 
facture IS carried on in the cities of this state, as to matters affect- 
ing the health and safety of operatives." 

The investigations were made under my direction, pursuant to 
a^resolution adopted by your Commission on September 11th, 

The complete report consists of two parts; one, a General Report 
rf seven (7) chapters; the other, a compilation of six (6) Special 

The General Report contains the following chapters: 

1. The Scope, Organization and Work of the Investigation. 
A Survey of Conditions under which Manufacture is 

carried on. 
Night Work of Women. 
The Chemical Industry. 
The Tobacco Industry. 
The Printing Industry. 
Miscellaneous Report*. 



2. 

3. 

4. 
5. 
6. 

7. 



The Special Reports are as follows : 



I, 

II. 

in. 

IV. 

V. 

VL 



£K 



Wood Alcohol, by Professor Charles BaskerviUe. 
Commercial Acids, by Dr. Charles F. McKenna. 
Lead Works and I^ad Poisoning, by Dr. C. T. Graham- 
-Roger©. 

The Canneries in New York State, by Zenas L. Potior. 
Manufacturing in Tenements, by Elizabeth C. Watson 
Mercantile Establishments, by Pauline GoldmarL 
Respectfully submitted, 

GEORGE M. PRICE, M. D., 

Director of Investigation. 



Report of the Director of Investigat 



ion 



^» 




CHAPTER I 

THE SCOPE, ORGANIZATION AND WOKK OF THE 

INVESTIGATION. 

Peeliminaby Work in 1911 : 

The work of investigation accomplished during- 1911 by the 
New York State Factory Investigating Commission has been fully 
described in the Preliminary Report of the Commission published 
in 1912. 

A general survey of the field was completed during the investi- 
gation of 1911 ; it lasted less than three months. This examina- 
tion comprehended inspection of the sanitary conditions of a con- 
siderable number of industrial establishments in New York State 
covering in extent New York City and a few cities of the first and 
second class. Besides this investigation special studies of fire 
protection, industrial poisons and home work in tenements were 
made to be supplemented later by the more intensive inquiries of 

1.*/ IZ, 

The investigation of 1911 embraced nine cities, twenty indus- 
tries 1,836 industrial establishments and 3,001 individual shops. 
Besides the regular work of investigations and the special in- 
quiries carried on by the Commission, a comprehensive examin- 
ation of 500 cellar bakeries was made, and complemented by a 
physical examination of 800 bakers. 



m 



402 



Appendix II — Repobt of Director. 



!' 



TABLE NO. I. 

NxnCBBB OF MaNUTACTURINO EaTABUSHMENTa AND W0HKBR8 iNSPBCTlO IN 1911 CoMPAEBD 

WITH Actual Numbbs or EarABusHMENxa and Wob&bbb in Statbb.* 



NUMBBB iNVBanOATBO. 



Eatab- 
liahments. 



Printing 

Tobacco 

Chemicftla 

Foodstuffs: 

Bread 

Candy 

Ice Cl^am 

Pickles 

Spices and Drugs 

Sugar Refineries 

Meat Packing 

Mineral Waters 

Women's Trades: 
Artificial Flowers and Feathers 

Laundries 

Paper Boxes 

Clothing (Women's) 

Miscellaneous: 

Corks 

Rag Sorting 

Textiles 

Human Hair 

Dyeing and Cleaning 

Other Trades 



208 

100 
M 



417 
.64 
A 
6 
8 
8 
S 
61 



04 

110 

66 

200 



10 
10 
7 
07 
10 
222 



Wage 

earners. 



NlTMBBB IN StATB. 



Eatab- 
liahmenta. 



6.660 
2,677 
1.730 



3.021 

1.810 

50 

470 

341 

3.400 

087 

443 



1.891 

7.082 

2.595 

11.582 



fill 
3^1 

1.613 

647 

020 

14.606 



4.428 
3.371 
293 > 



3.978 
240 > 



700 
86* 
6 



WacB 



63.120 
30.019 
14.267 



21.357 
8,670 



7.076 
2.504 



2411 



310 
1.620 

316 
3.083 



82 



1.838 



63.374 



708 
132 

(4) 
25.052 



44.036 



6.110 
1.377 



8.403 
16.631 
11.538 
08.104 



886 



82.007 
2,313 



629.671 



1.003.891 



* Figures taken from State Dept. Labor, 1910. 
' Includes ice cream factories. 

* Includes coffee-grinding establishmenta. 
Figures not given in Census Report. 

* U. S. Census, 1910, Bulletin on Manufacture*, pp. 54-69. 

The Continuation of the Investigation in 1912 : 

By chapter 21 of the Laws of 1912, the New York State 
Factory Investigating Commission was continued for another 
year. Its field of investigation was extended to all the cities in 
the state, and its scope was broadened so as to include mercantile 
establishments. 

With the scope and field of the work thus increased, it was not 
to be expected that the Commission would be able to " complete 
its labors" within the allotted year. The task of a thorough 
investigation of several hundred industries and of nearly 45,000 
industrial establishments is one that could not possibly be 
completed within one year. The extent of the field is so wide, 
the scope of industrial life is so broad, and the conditions under 
which labor is carried on are so many and various, that no investi- 
gation could possibly be brought to an end in so short a time. The 




* •« 



Appendix II — Repoet of Dieectob. 403 

2lit rl , v^^'*'""' '""^ *" ^''^^'^S^*^ the most import- 
ant Ills of industrial hfe in order to be able to recommend practical 
measures for immediate relief practical 

takL'\tr;S'' ^^^'^^-'^^'i- -f -<l-trial conditions under- 
taken by the Commission was neither academic nor muck-raking 

llnLTl ^^"^T '\^^' '' '' ""^''^^^^ ^ Po^iWe Witt ti 
indv il " "t:'*' ''' ''""' '' ^"^ ^'^'^' -d correspond! 
aescriptions impossible in a general inquiiy 

w t^:;\;:;S'in'^'on 'T''^''"''' ''''' '-" -'-^'y "^'- 

of the workr ' """'^ ^"^ ^^""^^"^ ^'^'"'^^ 

First. General Sanitary Investigations. 
Second. Special Investigations. 

J'^t^"' ^^ '^*'"V^' ''"'^^"' °^ manufacturing establishmenta 
and workers inspected in 1912. "^cuuj 

iZt!%^T "^ '^''^' *^ ""^^^ ^ establishments and workers 
inspected during 1911 and 1912. worsers 



Clothing 

Chemicals, paiuta and iljumiiikiite.' 



Foodstuffs: 
Braadai 



Ca'SdJ."^^^'*^^'^'^^^ Products 

Ice Cream. '.'..'. 

Mineral waters. ..'.'. 

Sausaires and mMf V[o-i,':l_* 



SSSffS^^"'"* t-^'- 



• ••••• 



• • • • • 



Furs 

Gloves (kind not'slijcifi^) .* .* 

Hats and caps. . . ' 

Laundries. . 

Ljjther and nibber good.:::::::;::::::;::;;;;;;;.;; 
papej^box«i and paper pi^icts:::;:;;;;:;;;:::;;:;; 

Stone glass and clay :;;;; ; 

Textiles 

Tobacco . 

Woodwork 

Miscellaneous'. '.'.'.'/.[', 



• •••••• 



NUMBEB InvBSTIGATBD. 



Wage earners. 



I6.63g 
3.025 



798 

1.279 

98 

467 

737 

1.543 

3.985 
2.487 
3.195 
676 
6,644 
25.840 
2.941 
2.388 
1.965 
33.660 
12.917 
1,495 
3.192 



JO 



Rochei'ti?N."y! ^''"'"^^ ^°° establishment, which 




125.961 



were tospected during December. 1912, 



■} 



404 



Appendix II — Report of Director. 



TABLE NO. III. 
NuMBM or MwarvcTOHty^j EsTVBLt<*a>jB>iT? \so Worxbfh lysPiCTBO ty 1911 4^0^1912 

COMPABBD WITH ACTUAL NuMBKB OF EaTABUSHMBNTS AWD WoBKBRS IN STAT". 





Total Nttmbbb 
InvEstigatbd. 


Total Ncmbkb 
in Statb. 


PbeCbnt. of 

Total Ncmbsb 

IN Stats. 




Eatab- 

lish- 
menta. 


Wage 

earners. 


Eatah- 
liah- 
menta. 


Waca 

aanrna. 


Eatab- 

llah- 

maata. 


r<Wa«a 
aamara. 


Clothing 


341 
127 

459 

69 
17 
84 

73 
27 

04 

253 
33 
32 
67 

124 
41 

130 

02 

348 

19 

132 


28.221 
4.764 

3.819 

3.089 

148 

900 

1,724 
6.767 

1.801 
3.986 
2.478 
3.195 
647 
7.768 
6.644 
25.840 

5.536 

9,047 

1.965 

35.173 

15.594 

1.495 

19.759 


6.066 

3.978 
259 2 
CD 
694 

1 
1 

319 
915 

226* 

1 

132 

1.529» 

1 

1 

316* 

4.426 

I 

798 

3.371 

1 

1 


189.467 

21.357 
k. 9.325 

""(3)* 

8.493 

7.196 

2,3i3 
16.631 

11.538 
63.120 

"82.667 
30.019 

• ••■•••• 


6.6 

11.6 
26.6 

'iiii 

29.6 
27.6 
14.7 

*"66!7 
8.1 

29.2 
7.9 

7.4 


14.0 


^ruCT and chemicaj" '.'. 

'oodstuffs: 

Bread and other bakery 
^ products 


17.» 


Candy 


33.1 


Ice cream , . 




Mineral waters 




Sausages and meat pack- 
ing 




Miscellaneous 




Flowers and feathers 

Purs 


22.3 
44.3 


Gloves (kind not specified')! '. 
Hats and caps 


34.4 


Human hair 


23.6 


Laundries 


46.6 


Leather and rubber goods. '. '. 
Metal 




Paper boxes and paper prod- 
ucts 


48.0 


Printing 


14.8 


Stone, glass and day 

Textiles 


■*"42!o 


Tobacco 

Woodwork 


251 
28 


61.0 


Other trades ... 


335 










»3.176 


189.335 


44.935 


1.003.981 


7.1 


18.8 



* Not same classification. 

- Include large ice cream factoriaa. 
3 Figures not given in Census Bulletin. 

* Only leather gloves and mittens. 

* Figures taken from State Department of Labor. 1910. 

* Census includes fancv boxes also. 

7 To this aid 400 establishments inspected in Rochester December. 1912. 

General Sanitary Investigations. 

A general sanitary investigation has been made of the follow- 
ing conditions: 

(1) Location and Construction of Factories. 

(2) Fire Dangers. 

(3) Safeguarding of Machinery. 

(4) Light and Illumination. 

(5) Heat and Ventilation. 

(6) Water Supply and Washing Service. 

(7) Toilet Accommodations. 

(8) Dressing and Lunch Rooms. 

(9) General Cleanliness. 




» 



1 



h 



}k 



Appendix II — Ebport of Dieectoe. 



405 



The General Sanitary Inspection was made by a staff of six 
inspectors. The itinerary of the inspectors included most of the 
important cities of the state. Besides the investigations made by 
these six inspectors, a number of establishments were examined by 
special investigators and experts employed by the Commission. 

Personally, I have made tours of inspection throughout the 
state, including in my investigation several typical establishments 
of each important industry. Besides the number of cities which 
were visited by the special investigators of wood alcohol, lead 
works and the chemical trades, forty-five cities in the state were 
included m our general investigation. 

In some of the cities the investigations were more thorough 
and exhaustive than in others. The extent of the investigation 
depended upon many conditions. In certain cities but few 
industrial establishments were inspected; in others, quite a large 
number. The percentage of establishments investigated rano«d 
from two or three in a city to 29.2 per cent of the establishments. 
The percentage of wage earners in these establishments varied from 
6% to 97.7% of the total population. 

Table No. IV shows the number of establishments, shops and 
wage earners inspected, compared with the actual number of 
establishments and wage earners in the forty-five cities. 



406 



Appendix II — Report of Director. 



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TOR. 



407 



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408 Appendix II — Keport of Director. 

Special Investigations. 

A number of special inquiries have been conducted under my 
direction, and a report on these conditions is presented in the 
General Reix)rt of the Director of Investigation. 

The special investigations that were made are as follows: 

(1) Night Work of Women. 

(2) The Chemical Industry. 

(3) The Tobacco Industry, 
(i) The Printing Industry. 

The following Special Reports are separately submitted to the 
Commission : 

Wood Alcohol, by Professor Charles Baskerville. 
Commercial Acids, by Dr. Charles F. McKenna. 
Lead Works and Lead Poisoning, by Dr. C. T. Graham- 
Rogers. 
The Canneries in New York State, by Zenas L. Potter. 
Manufacturing in Tenements, by Elizabeth C. Watson. 
Mercantile Establishments, by Pauline Goldmark. 

(1) Night Work of Women: 

For some time the night work of women has been the subject 
of earnest discussion before legislatures and Courts. The prohi- 
bition of night work has been advocated by a large number of 
persons, and numerous legislative acts have been passed on the 
subject. It has been prohibited in England, Germany, France, 
Holland, Switzerland, Austria-Himgary, Italy, Luxemburg, 
Portugal, Sweden and Bulgaria. 

Some inquires have been made by the Commission on the extent 
of night work industries throughout the state. One especially 
conspicuous instance of prolonged night work regularly conducted 
throughout the year has been found in one of the cities of the 
state. It was therefore deemed necessary to make a special study 
of the conditions under which these women night workers labored, 
and a special investigation was made by Miss Grace Potter and 
Miss Gertrude E. Smith, who have taken the personal histories of 
one himdred night workers. The report of these individual 
investigations will be found in chapter 3. 



I. 

II. 
III. 

IV. 

V. 

VI. 



I 



Appendix II — Report of Director. 



409 



t 



(2) The Chermcal Industry: 

In the processes of no other industry are there so many danger- 
ous elements as in the manufacture of chemicals. In this trade 
excessive dust, extremely high temperature, and the presence of 
gases, fumes and various poisons often injuriously affect the 
workers. 

During the investigation of 1912, Inspectors John Vogt of the 
Department of Labor, and Stuart Owen, both competent chemists, 
inspected ninety-three chemical establishments. To these were 
added the forty-nine plants which I inspected with the assistance 
of Dr. Charles F. McKenna and Dr. Frederick Breithut during an 
extended tour throughout the state. 

Besides the sanitary inspection, special investigations were made 
of industrial accidents and the effect of lead poisoning in the 
various chemical establishments. These investigations were made 
by Miss Gertrude E. Smith and Miss Grace Potter. Mrs. Oren- 
stein of the Labor Department has also taken the history of one 
hundred and thirty-two individual workers in some of the dan- 
gerous branches of the chemical factories at Niagara Falls, Xew 
York. 

The electro-thermal and electro-chemical industries have become 
established in Niagara Falls, New York, within the last decade 
owing to the proximity of cheap electrical power, and are carried 
on in great industrial plants which employ largely foreign unskilled 
labor. In these establishments there has been considerable pro- 
gress in the utilization of natural resources, but it has not been 
accompanied by improved operating conditions. The evils of the 
modern factory system are nowhere so accentuated as in these huge 
factories where extreme temperatures, excessive dust, industrial 
poisons, gases and fumes are daily undermining the health of 
the operatives. A more detailed report on these establishments 
and on the chemical industry is presented in Chapter IV. 

(3) The Tobacco Trade: 

During 1912, our inspectors added a considerable number of 
establishments in the tobacco trade to those already inspected in 
1911. Besides the sanitary inspection of the factories themselves, 
it was also deemed of interest to make a physical examination of 




410 



Appendix II — Kepoet of Director. 



ii 



the women workers in the trade. Six hundred workers in various 
tobaooo factories have been physically examined by Dr. Fanny 
Uembo, a competent woman physician. This is the first medical 
examination that has ever been made of so large a number of 
woman workers in factories. A report on the sanitary investiga- 
tion of tobacco factories, with a special report by Dr. Dembo on the 
physical examination of the six hundred workers is presented in 
Chapter V, 

(4) The Printing Trade: 

During 1911, 293 printing establishments were inspected by 
our regular inspectors, but owing to lack of time no report on thU 
subject was presented. 

A number of additional establishments have been inspected 
during this year. A special report on the trade wiU be found in 
Chapter VI. 

Spbcial Reports. 

Several important studies were made for the Commission by 
experts and Special Reports of these are herewith submitted as 
follows : 

I. Wood Alcohol: 

An important study was made for the Commission on the subject 
of wood alcohol, or methjl, and its effect on workers. Within* the 
last two years, there have been reported a number of oases in which 
blindness and death have resulted from the inhalation of the fumes 
of wood alcohol. The manufacture and uae of wood alcohol is 
strictly regulated in a number of states in this country, and also 
abroad. 

The report of this subject was made by Professor Charles 
Baskerville of the College of the City of New York. Professor 
Baskerville assigned Dr. Frederick Breithut for the work of in- 
spection. Dr. Breithut and I have visited throughout the state a 
large number of industrial establishments in which methyl is 
manufactured or used in processes of manufacturing. 

n. Commercial Acids: 

The manufacture and use of many of the commercial acids are 
of special danger to workers in certain industrial establishments. 



it 



^< 



/. 



t 



4 / 



J 



r 



Appendix II — Report of Director. 



411 




Dr. Charles F. McKenna was retained as Chemical Counsel by 
the Commission for the investigation, and his report on this sub- 
ject 18 presented to the Commission. 

III. Lead Works and Lead Poisoning: 

During 1911 a valuable study of the lead worka in 'New York 
city was made by Dr. E. E. Pratt, whoso findings appear in the 
Preliminary Report of the Commission. 

During the current year, an additional investigation of a large 
number of lead works and establishments where lead is used in 
the process of manufacture has been made throughout the State 
by Dr. C. T. Graham-Rogers. Dr. Rogers has been assigned to 
the Commission for this work by the courtesy of the Commissioner 
of Labor, Mr. John Williams, and was ably assisted by Inspector 
John Vogt, al«o of the Department of Labor. This study of lead 
works is supplemented by a description of a number of cases of 
^ad poisoning which were traced by our investigators, Miss Grace 
Potter and Miss Gertrude E. Smith. The investigations of Dr. 
Bogers and Inspector Vogt are embraced in a special report to the 
Commission. 

IV. The Canneries in New York State: 

For a number of years, the conditions of the workere in the 
canneries throughout the state has been brought to the attention 
of the Legislature, with a view to preventive and restrictive legisla- 
tion. It has been claimed by various investigators that women are 
subjected to long hours of labor in the canneries; that a large 
number of very small children are employed therein ; that low 
wages are paid and that the general operating conditions during 
^e rush season are inimical to the health and dangerous to the 
lives of the workers. 

During the last session of the Legislature, the canneries were 
exempted from the 54-hour labor law for women. 

In the canneries we find the anomalous condition that certain 
parts of the establishments are entirely exempt from legal re- 
strictions because according to the opinion of a former Attorney- 
General,^ they were declared to be " sheds " and not " factories." 

As this question of exemption for the canneries will inevitably 
come up before future legislatures, it was deemed advisable to 



412 



Appendix II — Eepobt of Dieectob. 



Appendix II — Report of Director. 



413 



make a thorough investigation of the canneries and the conditions 
of labor therein so as to determine all the facts in order to suggest 
such remedial legislation as would be just to the employers while 
effectively guarding the health and lives of the employees. The 
following questions were presented for investigation : 

(1) Are women subjected to unduly long hours of labor in 
canneries ? 

(2) Is the employment of women for unusually long hours 
absolutely necessary for the industry ? 

(3) Are children between six and fourteen years habitually 
employed in the canneries for a large part of the day? 

(4) Is such employment of children between six and fourteen 
absolutely necessary for the industry ? 

(5) Should any parts of the factory wherein work is being 
done be exempt from the ordinary labor laws because one or all 
of the walls are open? In other words, should the sheds be exempt 
from the operation of the factory law ? 

(6) Should any exemption be allowed canneries where women 
are employed because of the seasonal character of the work ? 

(7) What should such exemption or exemptions bet 

The work of investigation of the canneries was entrusted to 
Mr. Zenas L. Potter, who was thoroughly conversant with the 
subject from previous investigations. Mr. Potter was assisted by 
a staff of nine investigators, some of whom were employed as 
official investigators of canneries, while others worked in the 
canneries as employees in order to verify certain statements made 
by the employers. Much data has been gathered from the official 
books, time records, etc., of the employers and a thorough investi- 
gation of the whole situation has been made. A special report on 
the subject is presented by Mr. Potter. 

V. Manufacturing Tenements: 

Our preliminary examination during 1911 has shown the vast 
extent of the work in tenement houses, work in which a large 
number of women and many children of very tender ages are 
employed. The investigations during 1912 have clearly proved 
that the problem of home work is concentrated largely in New 



ir 

A 



i 






York City and Brooklyn ; however, it exists in two oi three othor 
large cities. 

The dangers of home work are manifold. It is dangerous to 
the health of the workers themselves, it encourages the work of 
married women and very young children, it interferes with the 
proper sanitation of the homes, it lowers the wage standard of 
factory workers, and it also endangers the health of the con- 
sumers by the possibility of spreading infection. 

While the best remedy for this industrial condition would be its 
total abolition, by prohibiting factories from employing out- 
workers, this can hardly be accomplished at once. The best that 
can be recommended at present, is a gradual abolition of some 
branches of home work and a strict regulation of tenement house 
work by legislation, licensing, inspection and strict enforcement 
of the law. 

The work of investigation of tenement house labor was in 
charge of Miss Elizabeth C. Watson, who has had large experience 
in this work. Miss Watson with a staff of workers has made an 
investigation throughout the state and in New York City. Her 
report upon the subject is separately submitted. 

VI. Mercantile Estahlishments: 

The subject of mercantile establishments and their relation to 
the Labor Department has been included within the scope of our 
investigation by chapter 21 of the Laws of 1912, 

A number of cities have been visited, and an investigation 
of mercantile establishments has been made. A special inquiry 
has been conducted under the direction of Miss Pauline Goldmark 
of the Consumers League. A special report on this subject is 
presented to ike Commission by Miss Goldmark. 

PersonaJI.: 

The Director of the investigation has been fortunate in having 
the assistance of a staff of investigators who were competent, 
industrious and enthusiastic in their work. 

Experts Retained by the Commission: 

Professor Charles Baskerville of the College of the City of 
New York was engaged for tie purpose of making a study of 

9 



414 



Appendix II — Report of Director. 



wood alcohol and the effects upon the workers of ite manufacture 
and use in arts and crafts. How thoroughly and scientifically 
the work has been accomplisiied is shown in his report. 

Dr. Charles F. McKenna was engaged to conduct an inquiry 
into the manufacture and uses of various commercial acids and 
their effects upon the health of those employed in their use and 
manufacture, and his report on the subject has been submitted 
to the Commission. 

The physical examination of the six hundred female tobacco 
workers was made by Dr. Eanny Dembo with the assistance of 
Dr. Anna Aronovich. The valuable report of Dr. Dembo is 
included in Chapter V of the General Report 

Dr. Otto Glogau, a competent otologist, has kindly volunteered 
to make for the Commission a special study of the effects of noise 
upon the ears of workers, and his paper is included^ in the General 
Report in chapter VII. 

The Assistance of the Department of Labor: 

To the Honorable John Williams, Commissioner of Labor, the 
Commission is deeply indebted for his valued co-operation in 
assigning some of his best inspectors to the work of our 
investigation. 

Dr. C. T. Graham-Rogers and Inspector John Vogt were 
assigned by the Commissioner to make a special study of lead 
works for the Commission, and they have in this capacity visited 
a large number of establishments in the cities throughout the 
state. 

Mrs. Marie S. Orenstein, a factory inspector for the Departs 
ment of Labor, was assigned to us for general inspectorial service 
by Honorable John Williams. Her work has been very satis- 
factory, and her special investigations are included in the report. 

Inspector George Cangialosi was assigned by Honorable John 
Williams for two months work in the tenement house investi- 
gation, and his work was thoroughly satisfactory. 

Special Investigators: 

Mr. Zenas L. Potter's work as Chief Investigator of the can- 
neries speaks for itself. Miss Elizabeth C. Watson had charge 
of the home work investigation. 



Appendix II — Report of Director. 



415 






i> 



m 



Miss Grace Potter and Miss Gertrude E. Smith made special 
investigations for the Commission in tracing lead poisoning cases, 
accident cases and individual histories in various cities of New 
York State. Their work was very arduous and at times fraught 
with danger to themselves. It was however accomplished com- 
petently and skilfully. 

The work of supervising the inspectorial force in the general 
sanitary investigation was done by Inspector John J. Sullivan. 
Mr. Sullivan has been an Inspector in the Health Department of 
New York city for over twenty years. His training and exper- 
ience were such as to make him a highly valuable chief of 
inspectors. 



#^ 



414 



Appendix II — Report of Director. 



Appendix II — Report of Director. 



415 



wood aloohol and the effects upon tlie workers of its manufaoture 
and use in arts and crafts. How thoroughly and scientifically 
the work has been accomplished is shown in his report. 

Dr. Charles F. McKenna was engaged to conduct an inquiry 
into the manufacture and uses of various commercial acids and 
their effects upon the health of those employed in their use and 
manufacture, and his report on the subject has been submitted 
to the Commission. 

The physical examination of the six hundred female tobacco 
workers was made by Dr. Eanny Dembo with the assistance of 
Dr. Anna Aronovioh. The valuable report of Dr. Dembo is 
included in Chapter V of the General Report. 

Dr. Otto Glogau, a competent otologist, has kindly volunteered 
to make for the Commission a special study of the effects of noise 
upon the ears of workers, and his paper is included in the General 
Report in chapter VII. 

The Assistance of the Department of Labor: 

To the Honorable John Williams, Commissioner of Labor, the 
Commission is deeply indebted for his valued co-operation in 
assigning some of his best inspectors to the work of our 
investigation. 

Dr. C. T. Graham-Rogers and Inspector John Vogt were 
assigned by the Commissioner to make a special study of lead 
works for the Commission, and they have in this capacity visited 
a large number of establishments in the cities throughout the 
state. 

Mrs. Marie S. Orenstein, a factory inspector for the Departr 
ment of Labor, was assigned to us for general inspectorial service 
by Honorable John Williams. Her work has been very satis- 
factory, and her special investigations are included in the report. 

Inspector George Cangialosi was assigned by Honorable John 
Williams for two months work in the tenement house investi- 
gation, and his work was thoroughly satisfactory. 

Special Investigators: 

Mr. Zenas L. Potter's work as Chief Investigator of the can- 
neries speaks for itself. Miss Elizabeth C. Watson had charge 
of the home work investigation. 



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Miss Grace Potter and Miss Gertrude E. Smith made special 
investigations for the Commission in tracing lead poisoning cases, 
accident c^es and individual histories in various cities of New 
York State. Their work was very arduous and at times fraught 
with danger to themselves. It was however accomplished com- 
petently and skilfully. 

The work of supervising the inspectorial force in the general 
sanitary investigation was done by Inspector John J. Sullivan. 
Mr. Sullivan has been an Inspector in the Health Department of 
New York city for over twenty years. His training and exper- 
ience were such as to make him a highly valuable chief of 
inspectors. 



) 






416 



Appendix II — Report of Director. 



\ 



CHAPTER II 

EXISTING CONDITIONS UNDER WHICH MANUFAC- 
TURING IS CARRIED ON IN THE STATE. 

I. 

The conditions under which manufacture is carried on in the 
industrial establishments throughout the state are of paramount 
importance to the health of the workers. The health of the 
workers is the greatest asset of the state. 

In many of the industrial establishments in the state, the con- 
ditions of work have been found to be excellent, the management 
giving proper regard to the health and comfort of the employees, 
and the organization being model in all respects. Everything in 
reason has been done for the workers, and a high standard of 
efficiency has been maintained. 

Unfortunately, such model establishments and such enlightened 
employers are in the minority, as by far the greater number of 
employers have not yet awakened to the importance of improving 
conditions of labor. Investigations in a great number of factories 
throughout the state have revealed much that is deplorable. In 
the production of commodities, great economy must needs be 
practiced as a matter of course. But there is a tendency on the 
part of many employers to economize not only in matters of 
legitimate expense, but also in space, light, air and certain other 
safeguards to the health and lives of the workers. Such false 
economy inevitably injures the employer and imperils the health 
and lives of his employees. Workers exercise but little control, 
either individually or collectively, over conditions of labor in 
factories. The employer, alone, arranges all working conditions 
and regulates them according to his will. 

The state has a direct interest in the health and lives of tlie 
workers. All factory legislation is founded upon the principle 
that the state regulates industries in order to safeguard the health 
of the workers. Improvement of working conditions and proposals 
for better protection of the workers cannot be achieved without 



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416 



Appendix II — Report of Director. 



CHAPTER II 

EXISTING CONDITIONS UNDER WHICH MANUFAC- 
TURING IS CARRIED ON IN THE STATE. 

I. 

The conditions under which manufacture is carried on in the 
industrial establishments throughout the state are of paramount 
importance to the health of the workers. The health of the 
workers is the greatest asset of the state. 

In many of the industrial establishments in the state, the con- 
ditions of work have been found to be excellent, the management 
giving proper regard to the health and comfort of the employees, 
and the organization being model in all resi>ects. Everything in 
reason has been done for the workers, and a high standard of 
efficiency has been maintained. 

Unfortunately, such model establishments and such enlightened 
employers are in the minority, as by far the greater number of 
employers have not yet awakened to the importance of improving 
conditions of labor. Investigations in a great number of factories 
throughout the state have revealed much that is deplorable. In 
the production of commodities, great economy must needs be 
practiced as a matter of course. But there is a tendency on the 
part of many employers to economize not only in matters of 
legitimate expense, but also in space, light, air and certain other 
safeguards to the health and lives of the workers. Such false 
economy inevitably injures the employer and imperils the health 
and lives of his employees. Workers exercise but little control, 
either individually or collectively, over conditions of labor in 
factories. The employer, alone, arranges all workin": conditions 
and re.oiilates them according to his will. 

The state has a direct interest in the health and lives of the 
w^orkers. All factory legislation is founded upon the ])rinciple 
that the state regulates industries in order to safeguard the health 
of the workers. Improvement of workimr conditions and proposals 
for better protection of the workers cannot be achieved without 



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Appendix 11 — Report of Director. 



417 



a proper study of these conditions, and without a thorough in- 
quiry into the best methods of state protection. 

The investigations conducted during 1911 and 1912 by the 
New York State Factory Investigating Commission expressed the 
will and purpose of the Legislature to study working conditions 
" to the end that such remedial legislation might be enacted as 
would eliminate peril to the life and health of operatives and other 
occupants in existing or new structure, and to promote the best 
interests of the community." 

Industries Investigated. 

The general sanitary investigation covered forty-five cities in 
the state; eighty-eight separate industries were represented; 
3,176 separate industrial establishments, and 6,075 shops in 
which there were found working 189,335 persons. The statistical 
statement of the industries investigated may be seen in Table V. 

table no. v. 



1. Clotbiag industry 

2. Textiles 

3. Metal iadustry. . . 

4. Foods 

5. Furs 

6. Che iiioal industry 

7. Tobacco 

8. Printing 

9. Miscellaneous. . . . 



Industrial 
establishments. 



341 
132 
130 
729 
253 
127 
251 
348 
865 



» 3.176 



Shops. 



523 
490 
415 

1,123 
284 
344 
472 
523 

1.901 



6.075 



Wage -earners. 



28,221 

35,173 

25,840 

15,447 

3,985 

4.764 

15.594 

9.047 

51.264 



189,335 



*This does not include the 400 establishments inspected during December, 1912, 
Rocheuter, N. Y. 



m 



Extended reports of the investigations in the chemical, tobacco 
and printing trades will be found in chapters 4, 5 and 6, respec- 
tively. In the following pages, only the general sanitary features 
of the investigation will be given, as they relate to the clothing, 
the textile, the metal, the food and the fur industries and the 
general sanitary condition in other industries. 

1. The Clothing Industry: 

The clothing industry is the most important industry in l^ew 
Yo'rk State, and New York State is the most important clothing 
center in the United States. According to the thirteenth U. S. 



\ 



) 



418 



Appendix II — Kepoet of Diebctob. 



census, there are 11,058 establishments manufacturing clothing 
in the United States, with 394,269 employees. Of these, over 
one-half of the establishments — 6,066 (54.8%), with 189,467 
employees (48.1%), are in New York State. Clothing manu- 
facture is centered in the cities of New York, Rochester and 
Buffalo. Nearly one-third of all the clothing establishments in 
the state belong to the cloak, suit and skirt industry in New 
York City, where nearly 1,900 cloak and suit shops are located, 
employing over 51,000 persons. 

The sanitary conditions of the cloak and suit shops in New York 
City have greatly improved within the last year or two, owing to 
the activities of the Joint Board of Sanitary Control. The work 
of the Board haa been more fully described in testimony given at 
the Public Hearings of the Commission. 

The sanitary conditions of the men^s clothing shops are not first 
class, although they compare favorably with certain other indus- 
tries. There are some very large clothing factories in New York 
city and Rochester which are model in every respect, and in which 
full protection is given to the health of the workers. The largest 
number of clothing shops, however, are located in loft buildings, 
with defective fire-protection, light and ventilation. In these 
shops cleanliness is often considered unnecessary. A very large 
part of the work on men's clothing is given out into the tene- 
ment houses where it is done under very bad sanitary conditions 
and environments. 

Of the 341 clothing establishments inspected, 74.8% were 
located in loft buildings, 6.1% in converted tenements, and 
only 19.1% in special factories. Inadequate light was found in 
28.7% of the shops; mechanical ventilation in only 10.3%. The 
inspectors reported cleanliness to be "poor" in 26.8% of the 
shops and in 13.2%, " very poor." 

Over eighty clothing establishments were inspected in Rochester. 
Two establishments were found in perfect sanitary condition. 
Some defects were found in many of the other establishments. On 
the whole, sanitary conditions of the clothing plants in Rochester 
were fair. 

2. Textile Mills: 

One hundred and thirty-two textile mills have been inspected 
throughout the state. Most of these were cotton and wool manu- 



jw 



I 



« 




41S 



Appendix II — Repobt of Director. 



I f\ 



census, there are 11,058 establishments manufacturing clothing 
in the United States, with 394,269 employees. Of these, over 
one-half of the establishments — 6,066 (54.8%), with 189,467 
employees (48.1%), are in New York State. Clothing manu- 
facture is centered in the cities of New York, Rochester and 
Buffalo. Nearly one-third of all the clothing establishments in 
the state belong to the cloak, suit and skirt industry in New 
York City, where nearly 1,900 cloak and suit shops are located, 
employing over 51,000 persons. 

The sanitary conditions of the cloak and suit shops in New York 
City have greatly improved within the last year or two, owing to 
the activities of the Joint Board of Sanitary Control. The work 
of the Board has been more fully described in testimony given at 
the Public Hearings of the Commission. 

The sanitary conditions of the men's clothing shops are not first 
class, although they compare favorably with certain other indus- 
tries. There are some very large clothing factories in New York 
city and Rochester which are model in every respect, and in which 
full protection is given to the health of the workers. The largest 
number of clothing shops, however, are located in loft buildings, 
with defective fire-protection, light and ventilation. In these 
shops cleanliness is often considered unnecessary. A very large 
part of the work on men's clothing is given out into the tene- 
ment houses where it is done under very bad sanitary conditions 
and environments. 

Of the 341 clothing establishments inspected, 74.8% were 
located in loft buildings, 6.1% in converted tenements, and 
only 19.1% in special factories. Inadequate light was foimd in 
28.7% of the shops; mechanical ventilation in only 10.3%. The 
inspectors reported cleanliness to be "poor" in 26.8% of the 
shops and in 13.2%, " very poor." 

Over eighty clothing establishments were inspected in Rochester. 
Two establishments were found in perfect sanitary condition. 
Some defects were found in many of the other establishments. On 
the whole, sanitary conditions of the clothing plants in Rochester 
were fair. 

2. Textile Mills: 

One hundred and thirfv-two textile mills have been inspected 
throughout the state. Most of these were cotton and wool manu- 



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Appendix IT — Report of Director. 



419 



factories located in tlie cities of central New York. A number 
of shoddy and other mills were included. The buildings in 
which the textiles are manufactured are usually of so-called 
" mill " construction. The construction is excellent as far as fire 
protection is concerned, and many of these mills belong to the 
New England Underwriters' Association. 

The safeguarding of the machinery in mills leaves much to be 
desired. It is not uniform. Here and there the fly-wheels and 
transmission parts are properly guarded, and in the next aisle 
will stand a machine entirely devoid of any safeguards. The 
aisles between machines are very narrow. The light is dim in 
many places, especially towards the center of the room. Artificial 
light is often used during the day. The temperature is very high. 
The windows are kept closed, and the air conditions are bad. The 
humidity is excessive, owing to the artificial humidification of the 
air needed for the proper handling of the product. The floors 
are slippery. The girls in spinning rooms have a number of 
spinners to attend, and are generally " speeded up." The men 
attending the " mules " are often barefooted and scantily clothed. 
Few of the textile mills are provided mth mechanical ventilation. 
The carding and preparing rooms are extremely dusty; the air is 
thick with dust and every employee is covered with it. The noise 
in all textile mills is very great. 

The sanitary conveniences found in most of the textile mills are 
of a very crude type. Washing facilities are inadequate. Lunch 
rooms were found in less than half a dozen places, lunch being 
usually eaten within the factory. Seats for women are seldom 
provided, and when found are backless. No model textile mill 
has been discovered in the state, although there is hardly another 
industry which does not count a considerable number of model 
establishments. 

8. Metal Trade: 

One hundred and thirty establishments in this group, with 415 
shops, employing 25,840 persons, were investigated. Some very 
fine modem shops were found in the trade. These were model in 
all respects, and prove the possibility and feasibility of perfect 
sanitary conditions in metal working plants. 



\ 






I! 



i 



I I 



420 



Appendix II — Kepobt of Director. 



The evils found in tlie majority of the metal shops are the 
following: unguarded machinery, lack of forced ventilation, and 
inadequate washing and toilet accommodations. It is rare to 
find a metal shop where all the machinery is properly guarded; 
consequently the accident list is very long. There is much dust in 
buffing, grinding, and polishing, yet there are comparatively few 
shops where there is a suction system for the removal of dust. 
Sand-blasting is still done in closed bins or basements, by ancient 
and crude methods, without any other protection to the workers 
than a cloth over the mouth and nose. The fumes from pouring- 
molds are allowed to disseminate in the air of shops, fume vents 
being found in but few plants. Temperatures are often very 
high, especially near the furnaces. 

Women were found working in the core rooms in several 
foundries. The core rooms were not separated from the core 
ovens, and the heat and dust therein were excessive. 

Hot water was provided in but few of the wash-basins, which 
were generally of a very old, crude type and located in many 
plants at a considerable distance from the workers. In some 
shops the only means provided for washing was an old barrel filled 
with dirty water. 

Separate lunch rooms were found in but four establishments. 
The toilet accommodations were in many cases found outside 
the shops, located at some distance from the building. The 
workers, in .an over-heated and perspiring state, are compelled 
to cross this distance in cold and inclement weather. 

4. Foodstuffs: 

Of the 726 establishments and 1,120 separate shops inspected, 
593 were found in cellars and basements. Most of the estab- 
lishments (75.4%) where foods are manufactured were located 
in tenement houses and converted dwellings. 

A report on the conditions of bakeries in New York City, was 
made in 1912. Conditions in the 'bakeries have improved very 
little, nor will there ever be substantial improvement as long as 
they are permitted to remain underground. A number of food 
factories besides bakeries, notably confectioneries, ice cream 
factories, delicatessen and other meat manufactories were found 
in cellars. 



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Appendix II — Eeport of Director. 



The evils found in tJie majority of the metal shops are the 
following: unguarded machinery, lack of forced ventilation, and 
inadequate washing and toilet accommodations. It is rare to 
find a metal shop where all the machinery is properly guarded ; 
consequently the accident list is very long. There is much dust in 
bufiing, grinding, and polishing, yet there are comparatively few 
shops where there is a suction system for the removal of dust. 
Sand-blasting is still done in closed bins or basements, by ancient 
and crude methods, without any other protection to the workers 
than a cloth over the mouth and nose. The fumes from pouring- 
molds are allowed to disseminate in the air of shops, fume vents 
being found in but few plants. Temperatures are often very 
high, especially near the furnaces. 

Women were found working in the core rooms in several 
foundries. The core rooms were not separated from the core 
ovens, and the heat and dust therein were excessive. 

Hot water was provided in but few of the wash-basins, which 
were generally of a very old, crude type and located in many 
plants at a considerable distance from the workers. In some 
shops the only means provided for washing was an old barrel filled 
with dirty water. 

Separate lunch rooms were found in but four establishments. 
The toilet accommodations were in many cases found outside 
the shops, located at some distance from the building. The 
workers, in an over-heated and perspiring state, are compelled 
to cross this distance in cold and inclement weather. 

4. Foodstuffs: 

Of \he 726 establishments and 1,120 separate shops inspected, 
593 were found in cellars and basements. Most of the estab- 
lishments (75.4%) wihere foods are manufactured were located 
in tenement houses and converted dwellings. 

A report on the conditions of bakeries in New York City, was 
made in 1912. Conditions in the bakeries have improved very 
little, nor will there ever be substantial improvement as long as 
they are permitted to remain underground. A number of food 
factories besides bakeries, notably confectioneries, ice cream 
factoricxS, delicatessen and other meat manufactories were found 
in cellars. 






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Appendix II — Report of Director. 



421 



In 75% of the food shops inspected, the investigators reported 
cleanliness to be "poor" and "very poor; " and in 60.7%, the 
light was inadequate. 

Windows and doors, properly screened, were found in com- 
paratively few of the food-cellars, with the result that ilies are 
thick in those places. This condition was noticed even in the 
better class of establishments built above ground. In a very 
large cheese and dairy-products factory in the middle of the 
state which I inspected during the summer, I found all the cheese 
exposed on tables, and literally covered with flies. The super- 
intendent who accompanied me in my inspection did not see any- 
thing improper in this condition when his attention was drawn 
to it. 

The remedies recommended in my former report on bakeries 
are again urged as the only solution of the problem of keeping 
the manufacture of our food-stuffs in a sanitary condition, and 
preventing such manufacture from becoming a menace to the 
public and to the workers. 

5. Fur Shops: 

Our inspectors visited 253 establishments in New York City 
with 284 separate shops. Most of the fur shops do work on a 
small scale, employing from three to ten persons. There are but 
very few in which more than a hundred workers are to be found. 
The majority of the fur shops are located either in the cheaper 
loft buildings of older construction, or in converted tenement and 
dwelling houses. 

The sanitary conditions in most of the fur shops are deplorable. 
The ventilation is very bad, the windows as a rule being kept 
tightly closed, and no mechanical means of ventilation provided. 
The temperatures are high. The cleanliness of these places 
leaves much to be desired. 

There are special dangers to the workers in this trade from the 

fine dust and particles of fur flying in the air. Furriers often 

suffer from asthma (furrier's asthma), and from a catarrh 

(rhinitis), affecting the nose and upper air passages. A physical 

examination of a limited number of fur workers was made in 1911. 



\ 



) 



422 



Appendix II — Report of Dieectob. 



Table No. VI shows the physical condition of the eighty-three 
furriers examined in 1911. 

TABLE NO. VI. 
Phtwcal CoKPrnoN of th» Eiohtt-thiu:» FuBBiKaa Examinkd. 



Total number of furriers examined . . 

Number with one or more diseases noted beJow. ..'.'.*.*.' 



Number. Per Cent. 



Phthisis 

Rheumatism . 

Nose 

Heart 

Bronchitis. . . . 

Asthma 

Pharj^-nx 

Tonsilitis .... 
Skin. 



• • • • • 



All others. 



88 



74 



Total number of cases . 



Ages — 16 years to 44 years. 
45 years and over. . . 

Sex — Males 

Females , , 

Length of time in trade: 

1 year to 5 years 

6 years and over '. 



5 

8 
42 

6 
26 
11 
13 

8 
21 
12 



100.0 

10.8 
89.2 



143 



81 
2 

78 
5 

43 
40 



l6.0 
7.2 
60.6 
6.0 
30.1 
13.3 
15.7 
13.6 
25.3 
14.4 



Of the eighty-three examined, one was American bom. 



97.6 
2.4 

94.0 
6.0 

51.8 

48.2 



While the number examined is insufficient for general conclu- 
sions^ the result confirms former investigations made by others, 
and justifies the statement that this is a dangerous trade. 

i:n^dustrial conditions. 

Conditions Which Were Not Investigated. 

No special inquiry was made by the Commission as to certain 
economic conditions of industry, such as unemployment, wages, 
hours of labor, Sunday work, continuous work, safeguarding of 
machinery, accidents, etc. 

The subjects of unemployment, wages and hours of labor are 
Tegularly inquired into by the Bureau of Statistics. Our investi- 
gators made a number of inquiries as to the rate of wages, and 
hours of labor, but this data was not sufficient nor extensive 
enough to be recorded. In the Cannery, Mercantile and Home- 
work Investigations, however, a more thorough investigation of 
wages and hours of labor has been made. 

There was no general investigation of continuous work, night 
shifts and Sunday work, except as noted in the various special 
industries, and in the special reports on Night Work of Women. 



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422 



Appendix II — Keport of Director. 



Table No. VI shows the physical condition of the eighty-three 
furriers examined in 1911. 

TABLE NO. VI. 
Physical Condition or th» Eightt-thmb Furriers Examined. 



Total number of furriers examined . . 

Number in normal condition. ». e., free from ' any disease' or* de- 
formity noted below ■»%»«»«» vt uo- 

Number with one or more diseases noted below .* ." .* .' .' ." .' .' .' .' ." ." .* .' .' .' 

Phthisis, ... 

Rheumatism 

Nose 

Heart 

Bronchitis, 

Asthma 

Pharynx 

Tonsilitis 

Skin 

All others 

Total number of cases 

AoM — 16 years to 44 years 
45 years and over 

Sex — Males 

Females 
Length of time in trade. 
1 year to 5 years 
6 years and over 



Number. , Per Cent. 




Of the eighty-th: ee examined, one was American born 



While the number examined is insufficient for general conclu- 
sions, the result confirms former investigations made by others, 
and justifies the statement that this is a dangerous trade. 

IXDUSTKIAL CONDITIONS. 

Conditions Which Were Not Investigated. 

No special inquiry was made by the Commission as to certain 
economic conditions of industry, such as unemployment, wages, 
hours of labor, Sunday work, continuous work, safeguarding of 
machinery, accidents^ etc. 

The subjects of unemployment, wages and hours of labor are 
regularly inquired into by the Bureau of Statistics. Our investi- 
gators made a number of inquiries as to the rate of wages, and 
hours of labor, but this data was not sufficient nor extensive 
enough to be recorded. In the Cannery, Mercantile and Home- 
work Investigations, however, a more thorough investigation of 
wages and hours of labor has been made. 

There was no general investigation of continuous work, night 
shifts and Sunday work, except as noted in the various special 
industries, and in the special reports on Night Work of Women. 






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Appendix II — Report of Dieectok. 423 

Tlie investigation of tlie causes of accidents, and the proper 
safeguarding of machinery was a subject of special inquiry by 
the Wainwright Commission, and was not directly investigated by 

this Commission. • i r. -ij 

The investigation of fire protection in loft and special build- 
ings has been carried on by special experts, not under my direc- 
tion, and is separately reported. 

An inquiry into certain trades where excessive dust, gases, 
fumes and industrial poisons abound was made and special reports 
have been written on these conditions. 

Conditions Investigated. 
In our general sanitary investigation, special attention waa 
given the following subjects: 

(A) Factory Location and Construction. 

(B) Light and Illumination. 

(C) Ventilation. 

(D) Washing Facilities. 

(E) Lunch Rooms. 

(F) Toilet Accommodations. 

(G) Sanitary Care and Comforts. 

(A) Location and Construction of Factories: 

The location of a factory and its construction and general 
character are all of great importance to the employers, to the 
workers and to the general public of the city where the factory 
is located. There is at present little legislation upon the subject 
of location and construction of industrial establishments. Factory 
location is not under state or municipal supervision. 

There are two main classes of factories: first, those located 
in lofts: and second, those located in special factory buildings. 
The first class predominates in New York city, largely in the 
Borough of Manhattan; the other class predominates outside of 

New York city. 

The following industries are largely located in lofts : 

Clothing '^^•8 percent. 

Furs 58.9 per cent. 

Printing 57.5 per cent. 



W 






}} 



424 



Appendix II-Kepoet of Directob. 



Paper boxes and paper ba^s. . .40 

Tobacco ^^'^ P^^'* cent. 

I^lowers and feathers ^^'^ P^"" "^""^ 

rp, . ,, . 52.0 per cent. 

Jl;' ""' "'""'^^ "'^ '^'^^'y ^-'-^ - special factor. 

Gloves 

Textiles . . 90.9 per cent. 

Chemicals, paint^ 'and 'illuminants *. It'^^"" '''''' 

Woodwork . . ^^-^ P^^ cc^t- 

Stone, glass and day' est'a'bii^hments .' .' H'l ^"" '''''' 

Hats and caps /»• 9 per cent. 

65 . 7 per cent 

Table Showing the Ttp^ «, n TABLE NO. VII. 

OWING THE Ttpe QP BuiLDINGS InvESTIOATBD 1 IN Iflll Avn 1Q,0 /V 

According TO lNDU«nuM ^^^^' ^»™> 




Clothing 

Chemicals, paints and iXinmi- 

nants 

Foodstuffs: 

. Bread and other bakery 
J. products 
» Candy .... 
f- Ice cream .... 

Mineral water.. 

^" §r^"^^®^ *°d meat packing 

Miscellaneous 

Flowers and feathers 

Furs 

Gloves 

Hats and caps 
Human hair 
Laundries 

iSi^V *"^ ™^ber goods ■ . . 

Paper boxes acid paper prod^ 

Printing 

Stone, glass and clay 

Textiles / 

Tobacco .' 

Woodwork .......'.' .^^ 

Miscellaneous .....' 122 

Total 



miscellInlot^^^^':st^ud;nhtcV»^^^^^^ includedjn this tabl^ 



were 



Neithei 



inspected by the Bureau of Social R^cU 



r are the 



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Appendix II - Report of Directoh. 



)ags 



54. 



Paper boxes and paper ba 

Tobacco . . ^~ ^*- ^ V^'^' ^'^'^^' 

l^^Jowers and'feaVh'ers 52 . 6 per cent. 

M^, ^. „ . ^2.0 per cent. 

llie loJJowing industries are Jaro-dv hu-^t^A ;. 

ikUno's: '^'t^^O located in special Ij 



bn 
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J actor V 



ujoves . . . 



rp ., 

lextdes ... 



Clieniicals, paints and illuminants 



90.0 per cent. 

84.0 per cent. 

Woodwork : r "'"'"""'' 83-" per cent. 

Ston... glass auJ clay" 'e^tMshn^euts'. '. S'S ^'' """• 

Hats and caps 78.9 per cent. 

„■ , , 65 . 7 per coit. 

lOli Lfruo" '^" *'V'^*^ "' '"'''''"S^ investigated in 

^^'11 aiui ivlJ ( coiitn nil Tier o nio ^„, l^^ •, ° 

cording ,0 indttstries. ° ^stabhsbnents) . classified ao- 

T ^ TABLE NO Vir 

T.B.. .„ow:.vo TH. Ttp. ok B.X.OXXCS ls..sr^oJ.o^^s 1911 ..o 19,0 .. 

- _^ According to Industries. ^ ""^^ ^912. Classified 



IXDUSTRIES. 



Total 
Number 
of estab-i 

liah- ' 
ments. 



Special 
Factory. 



Lot. Converted. |Unkn^wn 



Xo. 



Per 
Cent. 



No. 



Per 
Cent. 



No. Per Xo Per 
I Cent. , Cent 



Clothing ) 

Chemicals, paiuta and lYlumi-l 

nants 

Foodstuffs: 

- Bread and other bakery I 

- products 

Candy 

Ice cream. ! 

Mineral water.. . 

- J/i"sa«es and meat packing 
Miscellaneous. ... 

Flowers and feathers 

Furs 

Gloves ' ' . I 

Hats and caps j 

Human hair. ........". | 

Laundries. ....'.'.. | 

Leather and rubber goods .* 
Metals 

Paper boxes and paper prod- 
ucts ^ 

Printing ...... . . ' . . . . ' ' 

Stone, glass and clay 

Textiles 

Tobacco \ 

^'ood work . ' 

Miscellaneous. 



341 

127 



42 
09 
17 
84 
73 
24 
94 

253 
33 
32 
67 

124 
41 

130 

92 
348 

19 I 
132 I 
251 I 

2S ' 
122 



05 19.1 
100 83.5 



13 

37 

3 

19 

30 

18 

3 

5 

30 

21 

• • • • 

41 

32 

103 

37 
33 
15 
HI 
49 
23 
73 



30.9 


4 


53.0 


14 


17.7 


3 


22.7 


10 


41.1 


8 


75 


6 


3.0 


49 


2.0 


149 


90.9 


2 


05.7 


5 




20 


33. i 


40 


78.1 


8 


79.3 


25 


40.2 


50 


9.5 


200 


78.9 


4 


84.0 


19 


19.5 


132 


82.1 


5 


59.9 


33 



255 I 74.8 
16 12.6 



9 5 
20.3 
17.6 
11.9 
11.0 
25 
52.0 
58.9 

0.1 
15.6 
30.0 
32.3 
19.5 



21 

4 



25 
17 
11 
55 
35 

42 

99 

1 

5 

47 

34 



6.1 
3.1 



59.6 
24.7 
04.7 
05.4 
47.9 

45.6 
39 1 
3 
!.-> 
7U.0 
27 4 



1 0.8 



1 14 



1 3 1 



19.2 





1.5 


54 3 


3 


3.3 


57.5 


115 


33 


21.1 






14.4 


1 


8 


52.6 
1 ■» *. 


70 


27 9 



9 
1 



Total . 



17.9 
27.0 



15 



2.543 j 867 34.1 1.057 41.6 



602 



12.3 
23.7 



17 



7.2 

2.4 



2 2 
08 

6.8 

0.6 



--^^^^^i'^^^'^^^J^r.2'^il^l^^^^^ 



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Appendix II — Report of Director. 



425 



r 



The problem of the loft buildings is one peculiar to the 
Borough of Manhattan in New York City. Here during the last 
decade, within a mile north and south of Twenty-third street, 
there has been constructed a very large number of ten to twenty- 
story buildings. These buildings house various industrial estab- 
lishments, chiefly those belonging to the garment trade.^ The 
industrial congestion resulting from the erection of these " lofts " 
in the middle of Manhattan Island is the cause of defective fire 
protection and insufficient provision for the sanitary care and 
comfort of the thousands and tens of thousands of workers who 
must be crowded in the narrow structures. 

The proper lighting of such buildings presents very gi-eat 
difficulties, as also their ventilation. The sanitary necessities for 
the employees in the loft buildings and shops are inadequate for 
the reason that the builders of the loft structures do not know the 
number of persons who are destined to work in the individual 
shops thereof. The conditions, therefore, under which manu- 
facture is carried on in the loft buildings of Manhattan Island 
differ considerably from those which exist in the special factory 
buildings throughout the state. 

In many loft buildings of modern construction, the conditions 
as to light, ventilation and sanitation are adequate, but the fire 
hazard is especially grave, whereas in the majority of factory 
buildings of early construction throughout the state, there are 
practically no modem conveniences, but the fire hazard is com- 
paratively negligible. 

Of the many remedies proposed for the cure of the existent 

evils in loft industries, the most important are: 

(1) The limitation of the occupancy according to the character 
and number of building exits. 

(2) The installation of mechanical ventilating plants. 

(3) A licensing system for all establishments located in such 

buildings. 

A decentralization of the loft zone by a restriction of the height 
of buildings, and a limitation of their occupancy for industrial 

purposes is also advised. 

The construction of special factory buildings throughout the 
state differs very largely. There are all sorts and conditions of 



}} 



11^ 



■U 



■^ " y 



426 



Appendix II — Repobt of Dieectob. 



\'\ 



factories, from the ancient ramshackle, " lean-to " frame to the 
splendid, modern high-class, reinforced concrete buildings. But 
whether ramshackle, " lean-to " or modem concrete structures, the 
construction is at present under no supervision by the state. The 
architects who make the plans for the buildings, give but little 
consideration, as a rule, to the health and safety of the workers. 

I have but recently inspected a newly constructed building 
intended for the extension of a large chemical plant in Brooklyn. 
In this plant there was a total absence of any provision for wash- 
ing facilities and toilets. The foreman told me that they did not 
think these were necessary in the new buildings, as the old ones 
were equipped with them. 

I should reconmiend that the State Department of Labor have 
supervision of plans for factory construction in so far as they 
relate to fire protection, light, ventilation and other sanitary 
conditions; and that all such plans for new buildings should be 
submitted to the Department for approval in order to ensure 
proper sanitation in new factory buildings. 

A number of industrial establishments are located under-ground, 
in cellars and basements. Attention has been drawn to this 
matter in my report on " Bakeries and Bakers " published in the 
preliminary report of the Commission. The inspectors found a 
number of establishments located in cellars and in basements ; food 
products were manufactured or sold in the majority of such estab- 
lishments. As has been pointed out before, cellars and basements 
are unfit for use as industrial establishments, and should be 
eliminated from industry. 

In a number of countries abroad, factory construction is in 
certain particulars under government control. 

In Germany, the points which are under regulation by the 
Berlin Building Police are the following: size of lot; size of 
building ; character of industry for which a building is constructed ; 
distance from other factories ; ratio of window space ; fire protec- 
tion ; light and ventilation. 

The space is regulated according to the zone of location. The 
maximum of height is fixed. A fire wall must be provided for 
every forty meters of floor length. In Braunschweig only 75% 
of the lot may be built upon. 







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Appendix II — Keport of Dieector. 



factories, from the ancient ramshackle, '' lean-to ^' frame to the 
splendid, modern high-class, reinforced concrete buildings. But 
whether ramshackle, '' lean-to " or modem concrete structures, the 
construction is at present under no supervision by the state. The 
architects who make the plans for the buildings, give but little 
consideration, as a rule, to the health and safety of the workers. 

I have but recently inspected a newly constructed building 
intended for the extension of a large chemical plant in Brooklyn. 
In this plant there was a total absence of any provision for wash- 
ing facilities and toilets. The foreman told me that they did not 
think these were necessary in the new buildings, as the old ones 
were equipped with them. 

I should recommend that the State Department of Labor have 
supervision of plans for factory construction in so far as they 
relate to fire protection, light, ventilation and other sanitary 
conditions; and that all such plans for new buildings should be 
submitted to the Department for approval in order to ensure 
proper sanitation in new factory buildings. 

A number of industrial establishments are located under-ground, 
in cellars and basements. Attention has been dra^vn to this 
matter in my report on ^^ Bakeries and Bakers " published in the 
preliminary report of the Commission. The inspectors found a 
number of establishments located in cellars and in basements ; food 
products were manufactured or sold in the majority of such estab- 
lishments. As has been pointed out before, cellars and basements 
are unfit for use as industrial establishments, and should be 
eliminated from industry. 

In a number of countries abroad, factory construction is in 
certain particulars under government control. 

In Germany, the points which are imder regulation by the 
Berlin Building Police are the following: size of lot; size of 
building; character of industry for which a building is constructed ; 
distance from other factories; ratio of window space; fire protec- 
tion ; light and ventilation. 

The space is regulated according to the zone of location. The 
maximum of height is fixed. A fire wall must be provided for 
every forty meters of floor length. In Braunschweig only 75% 
of the lot may be built upon. 




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Appendix II — Beport of Dibectoe. 



427 



k » 






I 




In Switzerland cellars cannot be used for workshops except by 
apecial licenses. Height and cubic air space of workshops are 
definitely provided for. Windows must be at least 1.8 meters in 
height, and the distance from the floor cannot be more than 
thirty cm. 

In France all plans for building construction in the dangerous 
trades must be submitted to the Prefect of the Department in 
which the building is to be erected. 

(B) Light and Illumination. 

The lack of proper lighting in our industrial establishments has 
been recognized as a serious evil by sanitarians, efficiency engineers 
and factory inspectors. The lack of proper lighting in American 
factories has been commented upon by many foreign travelers. 
Arthur Shad well in his book on " Industrial Efficiency " (page 3) 
says: "In the United States I have seen so many mills and 
other works miserably lighted," and again: "A bad light is the 
most conspicuous and general defect of American factory 
premises." He claims that Germany and England are vastly more 
advanced in this respect than America. 

The full importance of adequate and proper light in factories 
has been recognized in the legislative enactments abroad as well 
as in the United States, although here the legislation on this 
subject is very general. 

It is universally admitted that inadequate lighting of industrial 
establishments affects not only the eyesight and general health of 
the employees, and the efficiency of their work, but is also respon- 
sible for the number and the frequency of accidents. There are, 
however, as yet, no scientific standards to determine what 
" adequate," " sufficient " and " proper " lighting of factories 
should be. 

There are a number of factors which enter into the problem of 
the proper lighting of factories. Some of these are: location of 
building, height, surrounding buildings, size of workrooms, size 
and placing of windows, ratio of window space to wall space, 
kind of glass surface, color of wall, ceiling and floor surfaces, 
etc., etc. 

The demands of the proper lighting of industrial establish- 
ments must be adapted, of course, to the requirements of the 



U 



\> 



428 



i 



-Appendix II-_p„ 

K^POET OP DiEECTOB. 



particular industry th. t" ^ . 

According to tt /"" '*'"• Workshops of 

^'^equatel^-ii^.^ed; t/e de^, "T^'' »^ -dustS C^f i^' 
a percentage of ftA q j-^^^^aJ industry beinr. fi. i,- , ^^* 

industries ci««^fi'^'''^' Manufacturing estahl... 

J, owed accord. , ,i,,f ^ Jl^^-n selected 

IMiL'STRIEs 




aothing 

fc? cream ." 

Afioera] water' 

Sa.j^eaandmeaVpack 

Ar«S!i^flr'- ■:::::: : 

p.l^eathV^'^*" »°<1 

*ur8 

Gioves 

Hataand caps"- 
Human hair ' 

foundries 

^JerandrobbeV^^- 

*^nntin|f 

Jpbacco. . . 

Woodwork. 

MiaceUaneoiis 






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Appep^dj., II - Kepoet op n 
..«rf , Director. 

etc., in „,„ .,., • ' '"*^ ""Ids of machi,icrv ti,„ . 

adequatdv J ! :7"r * '^'•^'' ""'"b r f/ ^^"Pan^ing table, 

industries oU,.-/ , "'anufacturiuff estahiui 

-> e,ass.fied according to iight^^T 'nt^r^ '" ^^^-'^'^ 

lNDL\STRlE.s Total ^ ^°«t w Shop. ~~ ^ 

?""»ber ) i ,>'BCHANICAI. ( o 

I of Shops ^"^TiLATiNa *>Pecui. 

' 1 ^ -I— ' ' »«vic«a. 

N'umber Per .. _ ~~~ ^■"~" 

Cent. -"umber Per v ^ t, 

ciothi., ^ 1 ^ I ^'- ^""'^r cSj. 

^iSnt'^^^^^^ ^^ ^^ 23.7, « ^T"' 

'foodstuffs: 344 oo, ^ ^0.3, iqo 

BreacTand other h»t J ^ «*-8 ' 37 ,. ^** 

f-^^dy , 61 j I 32.0 

gloves. ... 284 ? J6 7 ■, I «-8 

«at3 and cans 80 ^ 1-4 1 in * * «| 

fe>-^. ■..•:: ,1! ■••,.■. 3 ( I «?§ /I' II 

^-:^^<^..J ?|. .3 il.^ •■■,,::..'■''.. ^0- III 

rT^te'-^'^^p*'- ^'^ ^^ .i.1 1 #4* '?i ■ 35:, 

Printing. 220 ^, ^^ ^81 S ^^ 3 

fe1?S^'--<ioW...; «| .^ ill II ,3.. ,", ':" 

fcv,^.:. ■..:.■:; m S^l !| 'ii ^| ■ .!.§ 

•"WUanaoua.;: ' /6 ^o r.^ 43 s ,, f ^^4 | g.^ 

~J^ fl' lo'f' >? lU 69, ill 

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Appendix H — Eepoet of Dieectoe. 42!) 

My own impression after a visit to several hundred establish- 
ments throughout the state, is that very little attention is paid 
to th.8 matter by employers and builders, and that a large number 
ot industrial establishments use artificial light during davtime 
because of inadequate provision for day light. 

As to artificial ilhimination, the character 'of illumination has 
b«e;i found adequate in most establishments, although little atten- 
tion IS pa.d to the quality of the illumination. Intensity, location 
and the prevention of glare are subjects that are generally 
neglected. The quality of artificial illumination in shops depends 
^argely upon the source of the light, it« character, its intensity 

n,i .?*"'' ^"''''''' ^^ ^'""' ^^^"^^ f'<«" gl^re, adjust 
«ent with respect to the workers, etc. Unfortunately very little 

eTtlblisTmJr^^' ^ *^^ "-''-' -^^ '- ^ -^ ^ew 

The installation of an illuminating plant for an industrial 

establishment should be under the supervision of an illuminating 

engineer, and should be under the direction of the Department of 

the .aw of Dece^ber^:! S " ^ lot;, ""'^"*'"^'"«' " ^^'^^ "> 

intlL7:^z.T "^ '""--'^ "«"'-* --'- -^«- ™*e 

where, betwee^ nine „ th^ J ''"'^''"* '" ^ *'"P'»y<"» °" P^«°"«« 

m^ns have o be resorted to TZf . *'"* '" *""' '''**™»"' "««-«' 
only in exee^a. IIL tbt thetnd «^^^^^^ "'"""-«™ '^e 

flcUI light essentia.). Moreover the .ntetsL of m-?' ''""'" "*'" 
with certain definite reouiremeLts n "h Ue of the In ""'' T'T 
embroidery, workinir in nr«nJn„a »f iV °® following trades: 

wood, the' mal^:fturoTlnstr^:i""".':"^^ -'ver engraving .eta.3 or 
quoting, sewing. drau^ltrLnship ^e ^E^VcTo r""^^^ ""* 

(a) Resume Legislative Enactments on Lljrht P t.*»o,. ~I 

*w un i^ifirnt. E. Leavenworth Elliott, page 7. 



I,' 



430 



Appendix II — Repobt of Dibectob. 



i' 



otter works requiring good lighting, an intensity of ten bougie-meters is 
necessary. 

In Austria, the regulations of the Minister of Commerce, dated November 
23, 1905, and applying to industrial licensed premises, contain the following 
passage, under the title "Natural and Artificial Illumination:" 

" 12. The windows and skylights in workshops and factories must be so 
designed as to furnish adequate illumination for the purpose of facilitating 
the work executed by the light they furnish." 

In Oermany, in the special case of printing works and factories for the 
casting of type, we observe in the regulation prescribed July 31, 1897, the 
following remarks: 

" 1. The floor of such factories must not be less than one meter below the 
ground level. Exception may, however, be authorized by the authorities, 
provided special appropriate provision is made for hygienic ventilation and 
lighting. . . . 

3. The rooms must be furnished with windows in sufficient number and 
of sufficient area to illuminate the premises satisfactorily. . . . 

12. Illuminating apparatus capable of giving rise to production of a con- 
siderable amount of heat must be provided with means of protection in such 
a way as to avoid excessive heating of the workshop." 

In Switzerland, the regulations issued by the Federal Council in December, 
1897, contain the following directions as to re-building of factories. . . . 

" C. The windows shall be at least 1.80 m. in height, and their distance 
from the ceiling shall not exceed 30 centimeters." 

( C ) Ventilation : 

Ventilation is the corner stone of sanitation. There is no 
condition of life in industrial establishments of such far reaching 
importance as the proper ventilation of the factories. In a large 
number of shops inspected the air was close, the shops were over- 
crowded, bad odors were often noticeable, temperatures were fre- 
quently high, humidity excessive, dust abundant, and gases and 
fumes quite oppressive. 

'No attention whatsoever, as a rule, is paid by those who con- 
struct factory buildings or by the employers of individual establish- 
ments to the subject of ventilation. The opinion seems to prevail 
that a change of air in the place should oorae by itself without 
human aid or mechanical means, and that no special provisions 
need be made for ventilating industrial establishments. Accord- 
ing to the table presented herewith, it may be gathered that most 
shops rely solely upon window ventilation. That window ventila- 
tion is inadequate, and practically useless in the majority of cases, 
goes without question. During the summer when the temperature 
inside of the shops and outside are about equal, there is very 



/ 



" 



I 




430 



Appendix II — Report of Director. 



other works requiring good lighting, an intensity of ten bougie- meters ia 
necessary. 

In Austria, the regulations of the Minister of Commerce, dated November 
23, 1905, and applying to industrial licensed premises, contain the following 
passage, under the title "Natural and Artificial Illumination:" 

" 12. The windows and skylights in workshops and factories must be so 
designed as to furnish adequate illumination for the purpose of facilitating 
the work executed by the light they furnish." 

In Germany, in the special case of printing works and factories for the 
casting of type, we observe in the regulation prescribed July 31, 1897, the 
following remarks: 

" 1. The floor of such factories must not be less than one meter below the 
ground level. Exception may, however, be authorized by the authorities, 
provided special appropriate provision is made for hygienic ventilation and 
lighting. . . . 

3. The rooms must be furnished with windows in sufficient number and 
of sufficient area to illuminate the premises satisfactorily. . . . 

12. Illuminating apparatus capable of giving rise to production of a con- 
siderable amount of heat must be provided with means of protection in such 
a way as to avoid excessive heating of the workshop." 

In Switzerland, the regulations issued by the Federal Council in December, 
1897, contain the following directions as to re-building of factories. , . . 

" C. The windows shall be at least 1.80 m. in height, and their distance 
from the ceiling shall not exceed 30 centimeters." 

( C ) Ventilation : 

Ventilation is the corner stone of sanitation. There is no 
condition of life in industrial establishments of such far reaching 
importance as the proper ventilation of the factories. In a large 
number of shops inspected the air was close, the shops were over- 
crowded, bad odors were often noticeable, temperatures were fre- 
quently high, humidity excessive, dust abundant, and gases and 
fumes quite oppressive. 

No attentiou whatsoever, as a rule, is paid by those who con- 
struct factory buildings or by the employers of individual establish- 
ments to the subject of ventilation. The opinion seems to prevail 
that a change of air in the place should come by itself without 
human aid or mechanical means, and that no special provisions 
need be made for ventilating industrial establishments. Accord- 
ing to the table presented herewith, it may be gathered that most 
shops rely solely upon window ventilation. That window ventila- 
tion is inadequate, and practically useless in the majority of cases, 
goes without question. During the summer when the temperature 
inside of the shops and outside are about equal, there is very 



) 




'i 



III 



Appendix II — Repoet of Dieectoe. 



431 



little change of air through window openings. During the winter, 
windows are as a rule tightly shut to prevent draughts, and to 
prevent complaints from those workers who are situated near 
them. In industrial establishments, not only does the air con- 
tain a great many impurities due to the materials of the work and 
the various processes carried on, but the workers need a larger 
quantity of air due to their muscular exertions and increased 
activity. The problem of ventilation therefore in industrial 
establishments is very grave, and cannot be solved by additional 
opening of windows or even by such special devices such as have 
been put in in 15.5% of the shops investigated. The special 
devices consist of draught boards in the windows, "elbow" 
ventilators and variousi contrivances commonly used to give a false 
assurance of an adequate change of air. As almost all factories 
use steam and electric power for mechanical purposes, the installa- 
tion of mechanical ventilation would not be very difficult. 

Of the 5,124 shops investigated, only 604 or 11.8% were pro- 
vided with some system of mechanical ventilation, and this was 
not always in good order or properly used. 

Certain of the dusty trades and those where there is danger of 
various poisonous dusts, gases and fumes, had the smallest per- 
centage of establishments which provided for mechanical 
ventilation. 

The industries in which the worst conditions prevail as to 
ventilation come under the following heads: chemical, textile, 
printing, tobacco, artifi<;ial flowers and feathers, human hair. In 
these industries, there is a very large amount of dust, and in 
some of them, as in the printing, there is also a certain percentage 
of lead dust in the air. In some of the sugar refineries, and hat 
and cap factories, the conditions as to temperature and humidity 
were very bad, temperatures ranging from eighty degrees to ninety- 
six degrees, and humidity between seventy-five degrees and ninety 
degrees. Such conditions are very dangerous to the health of the 
operatives. 

It is impossible to set one standard of ventilation for all 
industrial establishments, as the factors in each industry vary 
greatly. It is necessary to study each industry and each industrial 
establishment separately in order to determine the requisite 
amount of air and ventilation for each establishment or part of it. 



432 



AppEi^Dix II — Report of Dieector. 



'i 



This work of research and investigation is properly within the 
spfhere of the Department of Labor. I'he CWmissioner of 
Labor should be given the power to make special rules and regula- 
tions as to ventilation in various establishments, after a proper 
and exhaustive study of each establishment. 

(D) Washing Facilities. 

Our inspectors have found in 71.8% of the shops the washing 
facilities adequate, although the number of establishments provid- 
ing hot water for the employees is still inconsiderable. The loca- 
tion of the washrooms and basins is not always within the easy 
reach of most of the employees. In a large number of establish- 
ments, the washing facilities are located in one central building, 
and it requires considerable time for the employees to reach these 
washrooms. Only a small number of establishments provide 
towels. 

The worst feature in most of the industrial establishments, 
however, is the lack of proper supervision of the working force as 
far as washing facilities are concerned. There is hardly any 
factory where the washing-up at noon hour or after work is made 
compulsory, or is supervised by foremen. Until such supervision 
is introduced, it is hopeless to expect a thorough cleansing by the 
employees. 

One of the reasons why plumbism is being eliminated in the 
Pullman car shops at Pullman, Illinois, is the stringent lavatory 
supervision at the noon hour. Ten minutes before noon hour the 
bell is rung, and all employees are compelled to go to the central 
washrooms, where they are furnished with individual nail brushes, 
soap and towels, and where they spend five to ten minutes in the 
process of washing, this process being supervised by foremen. I 
was not surprised to learn that since the introduction of this 
" washing-up " system the number of persons suffering from lead 
poisoning in the Pullman Company has been reduced from 
seventy-seven (77) in July, 1911, to none in July, 1912. The 
mere provision of wash basins and water is not sufficient to insure 
a proper cleansing of the hands which is so necessary to the preser- 
vation of the employees in certain trades, but super\dsion is 
required. 




Shoddy Factory, Little Falls, N. Y. 
Unly toilet accommodation in factory is a barrel located in cellar which 

used as a water closet. 



IS 



432 



Appendix II — Eeport of Dibector. 



This work of research and investigation is properly within the 
sphere of the Department of Labor. I'he CWmissioner of 
Labor should be given the power to make special rules and regula- 
tions as to ventilation in various establishments, after a proper 
and exhaustive study of each establishment. 

(D) Washing Facilities. 

Our inspectors have found in 71.8% of the shops the washing 
facilities adequate, although the number of establishments provid- 
ing hot water for the employees is still inconsiderable. The loca- 
tion of the washrooms and basins is not always within the easy 
reach of most of the employees. In a large number of establish- 
ments, the washing facilities are located in one central building, 
and it requires considerable time for the employees to reach these 
washrooms. Only a small number of establishments provide 
towels. 

The w^orst feature in most of the industrial establishments, 
however, is the lack of proper supervision of the working force as 
far as washing facilities are concerned. There is hardly any 
factory where the washing-up at noon hour or after work is made 
compulsory, or is supervised by foremen. Until such supervision 
is introduced, it is hopeless to expect a thorough cleansing by the 
employees. 

One of the reasons why plumbism is being eliminated in the 
Pullman car shops at Pullman, Illinois, is the stringent lavatory 
supervision at the noon hour. Ten minutes before noon hour the 
bell is rung, and all employees are compelled to go to the central 
w^ashrooms. where they are furnished with individual nail brushes, 
soap and towels, and where they spend five to ten minutes in the 
process of washing, this process being siii>ervised by foremen. I 
was not surprised to learn that since the introduction of this 
" washing-up " system the number of persons suffering from lead 
poisoning in the Pullman Company has been reduced from 
seventy-seven (77) in July, 1911, to none in July, 1912. The 
mere provision of wash basins and water is not sufficient to insure 
a proper cleansing of the hands which is so necessary to the preser- 
vation of the employees in certain trades, but supervision is 
required. 




J^noDDv Factory, Little Falls, Y Y 
Ouiy to.Iet aeconnnodation in factory is a barrel located i„ collar wl.iel 

used as a water closet. 



1 IS 






I 



t 



\ 



I, 






d 




Water Closet in a New York Work Shop. 



Appendix II — Report of Dieector. 



433 



« 



i( 



n. 



ji\ 



I 



(E) Lunch Rooms. 

The percentage of factories where separate lunch rooms have 
been provided is still very small (3.8%). In the majority of 
shops, lunch is eaten at the machines and stands, and frequently 
with unwashed hands. Even in those establishments where 
poisonous substances, clinging to the hands, directly endanger the 
life of the workers, a separate lunch room is still the exception 
to the rule. 

Table No. IX shows manufacturing establishments in selected 
industries, classified according to special conveniences, i. e., ade- 
quate washing facilities, separate lunch rooms and separate 
dressing rooms. 

TABLE NO. IX. 

MAMUrACTUSIMG EffTABUSBMENTS IN SELECTED INDUSTRIES ClASSIFIBO AcCOBOINO TO 

Special Ck>NVENiENCE8, 1911-1912. 



INDl STRIES. 



Estab- 
lish- 
ments. 



Adequate 

Washing 

Facilities. 



Number. 



Clothing 

Ghttmicals, paints and il- 

luminants 

FoodMufIa: 

Bread and other bakery 
products 

Candy 

Ice cream 

Mineral water 

Sau8a«:es and meat 
jwcking 

Miscellaneous , 

Flowers and feathers. . . , 

Furs , 

Gloves , 

Hats and caps 

Human hair 

Laundries 

Leather and rubber eoods 

Metal 

Paper boxes and paper 

products 

Printing. 

Stone, glass and clay . . . 

Textiles 

Tobacco 

Woodwork 

Miscellaneous 



841 
127 



42 
69 
17 
84 

73 
24 
94 

253 
33 
32 
67 

124 
41 

130 

92 
348 

19 
132 
251 

28 
122 



Per 

Cent. 



Separate 
LxTNCH Room 



Number.' ^ent. 



235 
72 



41 

41 

9 

34 

44 

15 

8 

250 
33 
31 
58 
27 
33 

110 

51 
290 
13 
98 
225 
25 
82 



68.9 
56.7 



97.6 
59.4 
52.9 
40.5 

60.3 
62.5 
8.5 
98.8 
100.0 
96.9 
86.6 
21.8 
80.5 
84.6 

55.4 
83.3 
68.4 
74.2 
89.6 
89.3 
67.2 



Separate 
Dressing Room. 



Number. 



18 
12 



2 

9 
1 



3 

2 



5.3 
9.4 



4.8 

13.0 

5.9 



Per 

Cent. 



4.1 
8.3 



2 
3 

7 
3 

4 

4 
4 



2,543 1.825 



71.8 



7 
9 



98 



71 
13 



* 



50.4 

38.2 



6.2 
4.5 
5.6 
7.3 
3.1 

4.3 
1.2 



5.3 
3.6 



0.8 



3.8 



40 
10 
12 

• • • • 

8 
10 
33 

14 
8 
5 

52 

121 

1 

11 



414 



3.0 

'46!6 

"15.8 
30.3 
37.5 

'67.2 
24.4 
25.4 

37.8 
14.5 
26.3 
41.6 
80.1 
3.6 
16.9 



30.9 



faciuSes Jj' J,"**^^»^°»ont. "even sausage and two metal establishments had no washing 

19n'^i5'nortSen into ^cSn«^de«tion:"^'°* '**'"' " *"^*° **^ *^* *°*"^ investigated in ic,2 
* Not clearly specified. 



434 



Appendix II — Repoet of Dieector. 



(F) Toilet Accommodations. 

'Ro part of industrial establishments is so neglected as the toilet 
accommodations. Their location is inaccessible in a very large 
number of factories. In many cases the toilets are too far from 
the various shops or parts of shops ; in others, the toilets are located 
outside of the buildings, necessitating the employees walking a 
considerable distance in winter and in inclement weather. This 
is apt to be dangerous to the health of the employees as they are 
often over-heated from the high temperatures in which they work. 
In 186 of the establishments inspected, the toilets were located in 
the yard ; in some of the chemical establishments which I have 
inspected, I found toilets located at a distance of over one hundred 
and fifty (150) feet from the central parts of the establishment. 
In winter the ground is often covered with snow, knee deep. In 
795 shops, the toilets were found in the halls, a decidedly poor 
location for them, and where they are usually kept in a grossly 
insanitary condition. 

The type of water-closet found is usually fair, although there 
is still a very large number of establishments in which the plumb- 
ing is obsolete and unfit for use. A number of privies, school 
sinks, and trough closets were found. In one of the largest 
Brooklyn sugar refineries, the old trough closet is still used. In 
one shoddy mill we found that the owner (a member of the Local 
Health Board) had neglected to provide any water-closets for his 
employees. The substitute for proper toilet accommodations was 
a wooden barrel in a sub-cellar of his establishment. (See 
photograph). 

Table 'No. XI shows the result of investigation of shops of 
manufacturing establishments in selected industries, classified 
according to location of toilets. 



i 



f] i 



u- 




Water Closet in a New York Shop. 



434 



Appendix II — Repoet of Dieector. 



(F) Toilet Accommodations. 

^o part of industrial establishments is so neglected as the toilet 
accommodations. Their location is inaccessible in a very large 
number of factories. In many eases the toilets are too far from 
the various shops or parts of shops ; in others, the toilets are located 
outside of the buildings, necessitating the employees walking a 
considerable distance in winter and in inclement weather. This 
is apt to be dangerous to the health of the employees as they are 
often over-heated from the high temperatures in which they work. 
In 186 of the establishments inspected, the toilets ^^^^e located in 
the yard; in some of the chemical establishments which I have 
inspected, I found toilets located at a distance of over one hundred 
and fifty (150) feet from the central parts of the establishment. 
In winter the ground is often covered with snow, knee deep. In 
795 shops, the toilets were found in the halls, a decidedly poor 
location for them, and where they are usually kept in a grossly 
insanitary condition. 

The type of water-closet found is usually fair, although there 
is still a very large number of establishments in which the i)lumb- 
ing is obsolete and unfit for use. A number of privies, scliool 
sinks, and trough closets were found. In one of the largest 
Brooklyn sugar refineries, the old trough closet is still used. In 
one shoddy mill we found that the owner (a member of the Local 
Health Board) had neglected to provide any water-closets for his 
employees. The substitute for proper toilet accommodation- was 
a wooden barrel in a sub-cellar of his establishment. (See 
photograph). 

Table No. XI shows the result of investigation of shops of 
manufacturing establishments in selected industries, classified 
according to location of toilets. 




Water Closet in a New York Shop. 



• 



! 




Water Closet in a New York Shop. 



Appendix II — Repobt of Dieector. 



435 



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436 



Appendix II — Repoet of Dibectoe. 



The light and ventilation of the toilet compartments are very 
inadequate, the majority of them having " poor " or " bad " 
light, as may be seen in the table presented herewith. In the 
absence of proper supervision, and the appointment of proper 
caretakers, the cleanliness of the toilets in the majority of factories 
leaves much to be desired. 

Table '^o. XII shows shops of manufacturing establishments 
in selected industries, classified according to grade of light, 
ventilation and cleanliness in toilet apartments. 



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Appendix II — Report of Dieectoe. 



437 



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438 



Appendix II — Report of Dibectoe. 



■i 



/I 






(G) Sanitaby Cabe and Comforts. 

Special Clothing, etc.: 

In only very few industrial establishments have our investi- 
gators found special clothing provided for the use of the em- 
ployees ; or eye glasses, overalls and gloves, which should be com- 
pulsory where the dangers of the specific industries require their 



use. 



Medical Supervision: 

In only a very small percentage of the establishments are first- 
aid facilities provided ; minor accidents receive but scant attention. 
In not one of the establishments inspected by the inspectors or by 
myself was provision made for proper instruction of workers in 
the specific dangers of their trade, in the prevention of these 
dangers, in the care of their persons or in knowledge of the 
ordinary risks of their daily work. 

The absence of such necessary instruction is one of the greatest 
evils suffered by industrial operatives; the most frequent cause 
of accidents and ill health is the ignorance of the workers occupied 
in the dangerous trades. 

A campaign of education is of the first importance for the 
employers as well as employees — to educate employers in their 
duties towards their workers and in the means and devices for 
the prevention of the ills of modem industrial life and to educate 
workers in knowledge of the common dangers of their oocuaptions 
and in the preservation of health and life. 




Cordage Company, Auburn, N. Y. 

Picture taken at 6 o'clock in the morning. The mother has just returned 

trom night work and is giving the babies their daily petting. 



438 



Appendix II — Eeport of Director. 



(G) Sanitary Cabe and Comforts. 

Special Clothirig, etc.: 

In onlv very few industrial establishments have our investi- 
gators found special clothing provided for the use of the em- 
ployees ; or eye glasses, overalls and gloves, which should be com- 
pulsory where the dangers of the specific industries require their 
use. 

Medical Supervision: 

In only a very small percentage of the establishments are first- 
aid facilities provided ; minor accidents receive but scant attention. 
In not one of the establishments inspected by the inspectors or by 
myself was provision made for proper instruction of workers in 
the specific dangers of their trade, in the prevention of these 
dangers, in the care of their persons or in knowledge of the 
ordinary risks of their daily work. 

The absence of such necessary instruction is one of the greatest 
evils suffered by industrial operatives; the most frequent cause 
of accidents and ill health is the ignorance of the workers occupied 

in the dangerous trades. 

A campaign of education is of the first importance for the 
employers as well as employees — to educate employers in their 
duties towards their workers and in the means and devices for 
the prevention of the ills of modem industrial life and to educate 
workers in knowledge of the common dangers of their occuaptions 
and in the preservation of health and life. 



J 




Cordage Company, Auburn, N. Y. 

Picture taken at 6 o'clock in the morning. The mother has just returned 

Irom night work and is giving the babies their daily petting. 



n 



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1^ 



I! 



I- 



V^ 





Cordage Company, Auburn, N. Y. 
A night worker who has had to "lay off " recently on account of her sick 
baby: she is pale and sick-looking, but she says she must go back to 
the factory next week to help support her children. 



Appendix II — Eeport of Dieectob. 



439 



CHAPTER III 

NIGHT WORK OF W0ME:N'. 



/ 



I* 



Next to child labor, night work of w/Mnen is the greatest evil 
of modern industrial life. 

The participation of women in industry, although so general, 
has never been regarded as an entirely normal condition of society! 
When the participation of women in industrial life is carried on 
imder abnormal conditions which endanger their health and lives, 
thus constituting a menace to future generations, such industrial 
participation must be regarded as an economic and moral injustice. 

All regular night work is inimical to health. This subject was 
discus^ at length in the inquiry into the evil effects of night 
work upon the health of bakers, published in the preliminary 
report of the Commission. It was there stated that such work 
upsets the customs of normal life, banishes the workman from 
social life, and greatly increases the morbidity and mortality of 
the workers. If habitual night work so impairs the health of men. 
Its injurious effects u/pon women are obviously more far-reaching' 
and society is culpably negligent in permitting work of this kind 
to continue. 

The effect of night work on women has been a matter of discus- 
sion and agitation abroad for a number of years. In Germany, 
the factory inspectors have demonstrated the high mortalitv rate 
among female night workers. The French commission of 1890 
found a high infant mortality among the children of women night 
workers. 

The objections to night work of women are many. Among the 
principal ones are the following: lack of sunlight; lack of nor- 
mal sleep; no compensation in the restless interrupted sleep of 
day for the sleeplessness of night; the abnormality of sleeping by 
day; abnormal change in daily life; the destruction of home life- 
impossibility of properly caring for home and children; lack of 
restraining influences; day work besides the arduous night tasks 

It has even been claimed that night work is economically unneces- 
sary, and does not compensate for the evils which result from it 



440 



Appendix II — Eeport of Dieector. 



Appendix II — Report of Directok. 



440-A 



Night work of meii is prohibited in a number of Continental 
countries. As the law relates to bakers, night work is prohibited 
in Italy and Sweden, in certain cantons of Switzerland, and in 
several other countries. 

In 1902, a Commission was appointed by the International 
Association for Labor Legislation, to devise means lor securing 
the international prohibition of night work for women. 
Eepresentatives from fourteen European ipowers were assembled 
at Berne, Switzerland, on September 26th, 1906. By January 
14th, 1907, the following countries, viz.: Austria-Hungary, 
Belgium, France, Germany, Great Britain, Italy, Luxemburg, 
Portugal, Sweden, Switzerland and the jS^etherlands, had ratified 
the provisions of the Commission that a minimum period of 
eleven consecutive hours be set for the duration of the night rest, 
to include the time between 10 p. m. and 5 a. m. in all cases. 

According to the August, 1912, Bulletin of the International 
Labor Ofiice, the following countries have already passed laws 
prohibiting night work of women: Austria-Hungary, Belgium, 
France, Germany, Great Britain, Italy, Luxemburg, Portugal, 
Sweden, Switzerland and the IN'etherlands. It is also said to be 
forbidden in Bulgaria, Algeria and Tunis. Proposed bills for its 
prohibition have been introduced in Spain and Denmark. 

The United States did not take part in the Berne Convention, 
since the Government cannot bind separate States to enact legisla- 
tion restricting the hours of labor. In some States of the Union, 
there is even a direct legalization of the night work of women. 
Thus in Wisconsin in 1911, a bill was passed legalizing an eight- 
hour shift for women, between 8 p. m. and 6 a. m. A similar 
law was passed in Connecticut in 1908, and bills to tbe same 
effect were proposed in the Legislatures of Maryland and New 
Jersey in 1912. In fact, night work is permissible in all States 
of the Union except Massachusetts, Indiana and Nebraska. 

As to the extent of night work of women and children in the 
United States, it is difficult to obtain reliable data, as this con- 
dition very often exists unknown to factory inspectors and labor 
departments. According to the United States Eeport on Condi- 
tion of Women and Child Wage Earners in the United States, 
Vol. 1, page 274, there were thirty-one cotton mills in North 







NEW YORK STATE FACTORY IXVESTLGATING OOMIMISSIOX. 

G. S I. 327. Inspector — M. S. Orenstein. 

Date — 7/25/12. 
City. Auburn. County. Cayuga. 
Industry. Mfg. Twine. 
Name of Estab , Twine Works. 



This is a rather old building. Parts of it have very good light, while other 
sections on the same floor are dark and have to be illuminated with elec- 
tricity. This is particularly true of the first floor sliver machine department. 

Toilet and dressing room facilities are good. There are metal sanitary 
lockers for women, and wooden ones for men. For the latter metal ones are 
to be installed. There is an emergency room with a first-aid-to-the-injured 
chest. The dressing rooms are accessible, there being two on a floor. There 
is a tub and shower for men in the engine rooms. 

The twine here made is manufactured for the most part from hemp. In 
the opening department these bales of hemp are cut open by men. They are 
paid 14c a bale and, if expert, can open 14 bales a day. So said a foreman. 
One of the Poles working here said he averaged $1.60 a day. Though this 
room has skylights as well as windows, clouds of dust are constantly rising. 
The men are covered with tiny flakes of hemp. 

In the preparation departments, this hemp is combed out and drawn by 
machinery. Women tend the sliver-machines. They wear metal finger guards 
which not only protect them, but keep intact the strands of hemp which are 
piled up by the women. A number of women were seen to pull piles of hemp 
weighing about 150 lbs. across the floor. The floor, however, was very slip- 
pery with oil, and pulling was made easy. Women at this occupation have 
to stand a great deal of the time. There is a great deal of dust here also. 
The noise of the machinery is quite deafening. 

In the spinning rooms one girl tends to 8 or 9 reels, or 4 to 414 machines. 
The clatter of machinery here is so frightful that a voice can hardly be heard 
below a shriek. Some of the girls say that they have gotten accustomed 
to it. Spinners take out the full bobbins, which are encased in cylindrical 
receptacles, and replace them with empty ones. They also tie broken threads. 
UTien the machines are going well, a few minutes of rest is afforded the 
girls and they can sit down on stools at tbeir machines. The spinning room 
in the basement of this building is 8 or feet high, light is rather poor and 
on hot days it must be a veritable inferno. There is also considerable dust 
in this process. 

In the balling department, the twine is made into balls by machine. 
Women are also found here. They can occasionally sit at their work. 

Workers : 

Practically all of tlie workers are Italians and Poles. There are a few 
Greeks. Foremen and those in machine shop are Americans. There is a 
very large number of Polish and Italians girls on the day shift. Most of 



440-B 



Appendix II — Report of Dibectok, 



A 



the women on the night shift are married. The appearance of the women 
workers is very disheartening. They are stolid, worn- looking and pale. 
Their clothes, faces and hands are covered with oil and hemp dust. Most 
of the women cover their heads with handkerchiefs. The men do not look 
much healthier than the women. Most of the workers live in the neighbor- 
hood, but about half do not go home at lunch time. There is a lunch room 
where food is served at cost price by the firm. 

Hours : 

A number of the women questioned said that they begin about 6.30 A. M., 
lunch from 12 to 12.30 and go home at 6 P. M. On Saturdays they work 
until 5 P. M., making a total of 641/2 hours a week. The superintendent 
stated that women and men on the day shift work 60 hours a week, and 
those on night shift, 50 hours a week, beginning at 7 P. M. to 5.30 A. M., 
with one-half hour for lunch. There are 81 men on the night shift and 100 
women. "We employ no women under 21 at night. Most of the night 
workers are married; they like it because they can get home, sleep awhile 
and work around the house during the day. We treat the night lielp with 
just as mnch consideration as the day help. There is a matron in charge, 
just as during the day. The night workers work only live nights, making 
50 hours a week, but they get 17% more pay as an inducement, so they are 
really paid for 60 hours work." 

Wages : 

With few exceptions, workers are paid on a piece basis. "All beginners 
fitart at 85c a day; then in a reasonable time they must be able to earn $1 a 
d»y on the piece basis. Common laborers begin at 17c an hour, (jood 
women spinners make as hig^ as $12 a week, and after you get on to spinning 
it's like kindergarten work. The International wants to treat its people 
right and doesn't want something for nothing," said superintendent. 

The following figures were gotten from workers and the liability book: 

Girl on sliver-machine working for 2 years, averages $1.50 a day. Another 
earns $1.62 a day. One girl spinner on 9 wheels averages $7 a week. Another 
$1.37, one $1.77 and one 96c per day. One woman bailer earned $1.08 per 
day and another $2.50 per day. One man here five years makes $2.05 per day 
opening bales. 

According to the " Personal injuries " files, kept for the Liability Co. there 
have been about 100 accidents. A number have been due to dropping weights 
on feet, cutting fingers in opening department, catching fingers on pins of 
flliver machines. In a number of instances infections are reported because 
person did not at once treat injury. Most of the injuries seem to be of 
minor character. 



Dangerous Elements: 

Dust is the predominating evil. The intense noise of machinery must have 
some effect on hearing and the nervous system. The investigator had ring- 



Appendix II — Report of Dibectob. 



4:40-0 



ing in her ears and was somewhat deafened when she went from the spinning 
room into the office. Standing is another harmful element in this work, 
even though stools are provided. 

The superintendent said that the Chicago branch is working on a system 
of ventilation, and when they succeed the system will be installed in this 
plant. 

A Welfare secretary is employed to look after the health and comfort of 
the women. She renders first-aid to all the employees. 

There is a mutual benefit society to which employers and employees 

contribute. 

The night watcTiman said that five years ago all the employees were 
Americans. The plant shut down for three months for repairs and when it 
reopened could not get American help, hence took foreigners. 



SPECIAL VISIT. 



7/25/12. 



9.15 — 11 P. M. 



Seven months of this year, and three of last, there has been night work. 
The firm accounts for this by the unusual demand for twine. Eighty-one 
men and 100 women are on the night shift. With one or two exceptions, all 
the women are Polish and the majority of them are married. 

a) One woman spinner has children, ages 7, 4 and 3. Her husband works 
here in the daytime. She says she cannot work during the day because she 
must look after her children and house. She snatches a few hours sleep in 
the morning while a neighbor looks after the children. 

b) A small gray-haired, stooped little woman, 45 years old and looks ten 
years older, has been a widow 13 years and has 4 children, the youngest of 
whom is twelve. She has been a mill hand for 30 years, and in this plant 
2 years. Averages $7 a week. Two of her children are just beginning to 
earn a living. Says she gets little sleep, for she must attend to household 
duties. She is used as an interpreter, being able to speak German, Polish 
and English. She spins. 



B 
o 
o 

a 



O 



c) Widow, childless, boards with Polish family, makes $2 a night spinning 
when work is good. Averages $1.50. 

d) American woman, balling, makes $10 — $12. Husband is a mechanic. 
She has two children. 



e) Widow, spinner, has one child. 

f) Girl, spinner, earns from $1.10 to $1.50. 

g) Large strapping young woman, spinner, has two children, aged 1 and 3. 
Husband is a mechanic. Works at night because she cannot be spared during 
the day. Works to supplement husband's wages. 

h) Hollow chested, flat hipped, drawn-faced little woman, bas three 
children. (Husband works in the day. 



440-i> 



Appendix II — Report of Director. 






i) One man, piler, earns $10 a week. Another $7.50. 

j) Small emaciated little woman has one child. 

The workrooms are lighted by Tungsten burners, suspended from ceiling 
and having green shades. Floors are very slippery. Women push very heavy 
barrels of bobbins and piles of hemp. Rooms were quite warm. Watchman 
says that on very hot nights the temperature on top tloor is 108 deg. F. 

In the opening room the dust in the air was thicker than during the day, 
because, as the foreman explained, the wind was blowing in a certain 
direction. He says new workmen cough considerably, but get used to it. 
The hemp dust here is not softened by oil and is more cutting. The night 
matron says she always puts a wet handkerchief to her nose and mouth, if 
it is necessary for her to come to this room, but that the workers get 
used to it. She also said she could not stay as long as the investigators did 
in tlie spinning room because she couldn't stand the noise — but that the 
Poles were used to it. It was impossible to keep from coughing or sneezing 
while in this room. 

Getting exact hours of workers was difficult. The sui>erintendent said day 
workers started at 7 A. M., but the women questioned said they came at G.30 
A. M* The night watchman questioned at 11 P. M. said he worked from 6 
P. M. to 7 A. M. At least I have to stay until a little after 6.30 in order to 
let in the day shift at that time. This confirmed the hours given by the 
workers. 

The women as a whole were a disheartening group, in their oily dust 
ladened clothes with drawn white faces and a stooped gait. 



( 









I 







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« o 

p ^ 

P a 

o 
o 

O 
O 



o 



440-7, 



AlM'KXDIX II KkI'DKT of DiUKCTOR. 



i) Uiio nuiii, ])ili'r, earns J? 10 a wiM-k. -Xnotlicr $7.50. 

j) Small t'liuu'iated little woman has one- ciiilcl. 

The workrooms an- lighted by Tungsten burners, susjiended from ceiling 
and iiaving green shades. Floors are very slippery. \\ Omen push very heavy 
barrels of l)ol)l>ins and piles of hemp. Rooms were tpiile warm. W ateiimaa 
says that on very hot nights the temperature on top lioor is 108 deg. F. 

In the opening room the dust in the air was thicker than during the day, 
because, as the foreman explained, the wind was blowing in a ccu'laiu 
direction, lie says new workmen cough considerai)ly, but gi'l used to it. 
The hemp dust here is not softened by oil and is more cutting. The night 
matron says she always puts a wet handkerchief to her nose and mouth, if 
it is necessary for her to come to tliis r'xnn, but that the workers get 
used to it. Slic also said she could not stay as long as the investigators tii«l 
in ilw spinning room because she couldn't stand tlie noisf Imt that the 
Poles \v( r«' u-'cd to it. It w.js impossible to keep from eougiiing or sneezing 
wliile in this n)on». 

(iettinjr exact hours of workers was dillicult. The stjoerintendent said dav 
workers started at 7 A. M.. but tlie women (piestioned said they came at (i.^^O 
A. ^r The nig'it watchman (luestioned at 11 1*. AI. said he worked from (» 
P. M. to 7 A. .\I. At least I have to stay until a little after (i.'M) in order to 
let in the day shift at that time. This conlirnud the hours given by the 
workers. 

The women iis a whole were a disheartening group, in their oily dust 
ladened clothes with drawn white faces and a stooped gait. 



I 




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a 

>• CD 



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?S 












tc 



cz: 



Appendix II — Keport of Dikectoe. 



441 



11 




Carolina which were operated by night, in which there were 848 
women and children performing regular night work. In South 
Carolina there were also five mills operated at night, employing 
188 women and children. This probably represents but a small 
part of all the establishments, especially in textile industries, 
which are employing women and children for night work. Some 
textile industries in the cities of the Middle States run at night 
either regularly or occasionally, and employ women for the night 
shifts. 

Nor can the extent of night work of women be properly 
determined in New York State. That there is a great deal of 
occasional night work of women in many industries, between the 
hours of 6 p. M. and 12 midnight, is well known. Such work is 
common in laundries, binderies, candy factories, in certain seasonal 
trades as in the garment trades, and in many other industries. 
There is also a considerable amount of regular night work in 
mercantile establishments, in restaurants, among agents of elevated 
railroads (notably in Brooklyn), and among the telephone workers 
in the exchanges. 

In the investigations of the New York State Factory Investi- 
gating Commission, one notable case was found in which 
night shifts of women were regularly employed in a large industrial 
establishment. In this establishment, which is described 
fully in the following pages, from 170 to 200 women have 
been employed a certain number of nights a week for several 
years. It is claimed by the owners that their night shift is an 
economical necessity, by reason of the great demand for their 
product. It is also asserted by the owners that the work to be 
performed can best be done by women, and that it would be im- 
possible to get sufficient number of men workers to do the work at 
night. 

n. 

Several inspections have been made of the above mentioned 
industrial establishment, which is located in a town of central 
New York. I made the last inspection in person on October 18th, 
1912. 

The general sanitary conditions of this establishment are fair; 
certainly not worse than those existing in many establishments 
throughout the State, and much better in many respects. As will 



442 



Appendix II — Kepobt of Dibectob. 



il 






be seen from the report of the inspection, the sanitary condition 
of the mill, as far as they relate to washing facilities, lockers, 
dressing rooms, toilet accommodations, lunch rooms and medical 
service, are in advance of the conditions existing in the cotton, 
woolen and other mills throughout the State. 

As to wages, no comparison has been made of the wages prevail- 
ing in this establishment with the average wages prevailing in 
other mills. From a cursory investigation, however, it appears 
that the wages are not lower than in other smaller establishments. 
The hours of labor are according to legal requirements. 

Besides the report of the inspection of this establishment, an 
analysis is given in this chapter of the personal histories of one 
hundred of the women night workers. 

Inspection of Octobeb 18th, 1912. 

Conditions of Cordage Mill were as follows : 

Raw Product: 

Hemp, imported from the Philippine Islands and Yucatan. 

Finished Product: 

Twine, used for agricultural machines. 

Buildirig: 

Located in a town in central New York. Was erected about 
1893 or 1894. Consists of two (2) stories and basement, brick 
and frame. Building L-shaped. Dimensions 90 x 300 feet and 
60 X 100 feet. 

Fire Protection: 

Building is provided with automatic sprinklers (Grinnell), five 
stairways made of wood, and one fire escape with counterweight 
drop ladder. Building is also provided with sixty-two (62) 
chemical extinguishers, and one hundred and eighty (180) fire 
buckets. There is a weekly drill of employees, and a fire brigade 
organization among the employees. The Company claims that 
certain departments have been cleared at recent fire drills within 
forty seconds. The automatic sprinklers are fed by a 50,000 
gallon reservoir (water pressure 46 lbs.). 

On Julv 25th. 1912. an Inspection of this plant was made by Marie S. Sabso- 
vitch Her rS)ort to the Commission is set forth opposite page 441. 



> 

i 




S 



Cordage Company. 
Feeding hemp into a machine to make twine. 



442 



Appendix II — Report of Directob. 



be seen from the report of tlie inspection, the sanitary condition 
of the mill, as far as they relate to washing facilities, lockers, 
dressing rooms, toilet accommodations, lundi rooms and medical 
service, are in advance of the conditions existing in the cotton, 
woolen and other mills throughout the State. 

As to wages, no comparison has been made of the wages prevail- 
ing in this establishment with the average wages prevailing in 
other mills. From a cursory investigation, however, it appears 
that the wages are not lower than in other smaller establishments. 
The hours of labor are according to legal requirements. 

Besides the report of the inspection of this establishment, an 
analysis is given in this chapter of the personal histories of one 
hundred of the women night workers. 

Inspection of October 18th, 1912.* 

Conditions of Cordage Mill were as follows : 

Eaw Product: 

Hemip, imported from the Philippine Islands and Yucatan. 

Finished Product: 

Twine, used for agricultural machines. 

Building: 

Located in a town in central New York. Was erected about 
1893 or 1894. Consists of two (2) stories and basement, brick 
and frame. Building L-shaped. Dimensions 90 x 300 feet and 
60 X 100 feet. 

Fire Protection: 

Building is provided with automatic sprinklers (Grinnell), five 
stairways made of wood, and one fire escape with counterweight 
drop ladder. Building is also provided with sixty-two (62) 
chemical extinguishers, and one hundred and eighty (180) fire 
buckets. There is a weekly drill of employees, and a fire brigade 
organization among the employees. The Company claims that 
certain departments have been cleared at recent fire drills within 
forty seconds. The automatic sprinklers are fed by a 50,000 
gallon reservoir (water pressure 46 lbs.). 

On July 25th. 1912. an inspection of this plant was made by Marie S. Sabso- 
vileh Her report to the Commission is set forth opposite page 441. 



t 









I 




Cordage Company. 
Feeding honip into a machine to make twine. 




Coi{l)A(ilJ COMl'ANV. Al lilHN, X. V. 

These luioe lunnpers .,f l.en.p are l.andled' by women workers. 



Appendix II — Report of Dieectob. 



443 



II 



i 



A 



WorJcers: 

On October Ist, 1912, there were in the plant 410 wage earners, 
of whom 160 were women and 160 men. No minors under 
sixteen are employed. The night shift consisted of 200 persons; 
130 or 140 are women, 60 or 70 are men. No males under 
eighteen nor females under twenty-one are permitted to work in 
the night shift. 

Of the mill workers there are very few speaking English. 
Poles are predominant, Italians next. A large proportion of the 
women are married. 

Processes: 

The hemp is brought from abroad in tied bales. The first 
process is the cutting of the ropes and opening the bales. This 
is done by men. The second process is putting the hemp into the 
breaker machines, of which there are two. These machines are 
operated by men, and here the hemp is broken up into narrow 
stranda From the breakers the hemp is fed to the spreading 
machines, of which there are two, and thence to the " bell " 
machines. These machines are operated by men at the feeding 
end of the machine, and by women at the receiving end of the 
machine. From the " bell " machine, the hemp is fed into the 
" felt " machine, operated by men and women. From this ma- 
chine, the hemp is fed into the finishing machine, which is the 
final preparatory process tlirough which the hemp goes before 
being sent to the spinning room. 

In the spinning room, the prepared hemp is fed through spin- 
ning machines having two " flyers " and operated by women, one 
woman operating four machines, or eight " flyers." From the 
spinning machines, the thread is ready to go into the balling 
machines where it is rolled into balls, after which it goes into the 
packing and storage room. 

Hours of Labor: 

The hours of labor are from 7 a. m. to 12 m., one hour for 
lunch, and from 1 p. m. to 6 p. m. daily; Saturdays from 7 to 
11 A. M., making fifty-four hours weekly work. The men work 
the same hours, except that the workers in the machine shop 
work until 12 m. on Saturdays, making fifty-five hours for the 



^ I 



i— 



444 



Appendix II — Repoet of Dieectoe. 



1 11 



. 



i 

! 



week. The night force work from 7 p. m. to 12 midTiight, one- 
half hour for supper, and from 12.30 a. m. to 5.30 a. m., five 
nights a week, making fifty hours weekly. The supper hour at 
midnight was cut down from an hour to thirty minutes by author- 
ity of the Commissioner of Labor, by reason of the operators 
staying in the works. Power starts five minutes before the whistle 
blows for the commencing hour, and no one is allowed to begin 
work until the whistle blows. All foremen have positive instruc 
tions that employees are not allowed to work before the regular 
time. 

Night Worlc: 

Night shifts have been employed by this mill for a number 
of years. In 1912, the night work began in January, and has 
been continued since then. Night work was authorized in those 
works by the Department of Labor. There are about two hun- 
dred persons in the night shift, of whom 130 or 140 are women. 
No males under eighteen nor women under twenty-one 
are allowed to work in the night shift. The reason for the 
necessity of the night shift is explained by the management to 
be the great demand for twine during the last few years. The 
reasons for employing women in the night shifts are the 
following: 

1. If night work of women were prohibited in this state the 
spinning and balling. 

2. That there is no possibility of getting men to work during 
the night, there being a lack of men workers even during the 
daytime. 

3. That it would be impossible to engage men at the same 
rates that are paid women, and get the same efficiency. 

The management claims that 

1. If night work of women were prohibited in this State the 
company would be compelled to transfer the night work froui 
this plant to plants in other states. 

2. That if night work of women were prohibited throughout 
the United States, the company would be compelled to enlarge 
its buildings and equipment. 



I 



i 



i 



I « 




Cordage Company, Auburn, N. Y. 
Nellie N , Check No. 959. — A night-worker and her young baby. 



!, 



444 



Appendix II — Report of Director. 



week. The night force work from 7 p. m. to 12 midnight, one- 
half hour for supper, and from 12.30 a. m. to 5.30 a. m., five 
nights a week, making fifty hours weekly. The supper hour at 
midnight was cut down from an hour to thirty minutes by author- 
ity of the Commissioner of Labor, by reason of the operators 
staying in the works. Power starts five minutes before the whistle 
blows for the commencing hour, and no one is allowed to begin 
w^ork until the whistle blows. All foremen have positive instriic 
tion? that employees are not allowed to work before the regi\lar 
time. 

Night Work: 

Night shifts have been employed by this mill for a number 
of years. In 1912, the night work began in January, and has 
been continued since then. Night work was authorized in these 
works by the Department of Labor. There are about tw^o hun- 
dred persons in the night shift, of whom 130 or 140 are women. 
No males under eighteen nor women under twenty-one 
are allowed to work in the night shift. The reason for the 
necessity of the night shift is explained by the management to 
be the great demand for twine during the last few years. The 
reasons for employing women in the night sliifts are the 
following : 

1. If night work of women were prohibited in this state the 
spinning and balling. 

2. That there is no possibility of getting men to work during 
the night, there being a lack of men workers even during the 
davtime. 

3. That it would be impossible to engage men at the same 
rates that are paid women, and get the same efficiency. 

The management claims that 

1. If night work of women were prohibited in this State the 
company would be compelled to transfer the night work from 
this plant to plants in other states. 

2. That if night work of women were prohibited throughout 
the United States, the company would be compelled to enlarge 
its buildinfr^: and equipment. 



i 



\ 



I .' 




Cordage Company, Auburn, X. Y. 
Nellie N , Cheek No. 959. — A niglit-worker and lier young baby. 



If 



i 



i. 



i 







Cordage Company, Auburn, N, Y, 
A night-worker who had just finished a washing large enough to fill five long 

clothes lines. 



> 



( 



Appendix II — Keport of Director. 



4-tn 



Wages: 

Most of the women in the twine works are piece-workers. Ac- 
cording to the management, the rates of wages are as follows: 

Preparing Room. — Thirteen to twenty-six cents per hour for 
women ; eighteen to twenty-three cents per hour for men. 

Spinning Room. — Spinners, fourteen cents per hour; bailers, 
fourteen cents per hour (all women). 

The night workers are paid 17^/^ per cent increase over the 
day rate. Since October 1st, when the fifty-four-hour week was 
introduced, the management claims that there was no reduction 
in w^ages, nor any reduction in the total amount earned by the 
employees in the various departments, The following is a copy 
of a statement taken from the books of the firm, and confirmed 
and verified by Mrs. Marie Orenstein of the Labor Department. 
The statement shows: (1) check number; (2) occupation; 
(3) ages; (4) hours, and (5) wages of ten female spinners, ten 
female bailers and ten female preparation hands, for the weeks 
ending August 24th and October 5th, respectively. 

STATEMENT. 



(1) 

Check 
Number. 


(2) 

Occupation. 


(8) 
Age. 


Week Ending 
AnausT 24. 1912. 


Week Endind 
October 5, 1912. 


(4) 
Hours. 


(6) 
Wages. 


(4) 
Hours. 


(5) 
Wages. 


59 


Bailer 


21 
19 
23 
19 
20 
21 
22 
21 
20 
18 
25 
17 
23 
17 
26 
20 
27 
10 
17 
16 
21 
24 
20 
19 
17 
22 
18 
19 
22 
20 


56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
56 
66 
56 


$7.35 
7.04 
8.61 
7.91 
5.74 
6. 48 
6. 76 
6. 90 
7.14 
6.09 
7.15 
7.29 
8.06 
7.33 
7.99 
7.54 
7.44 
7.36 
7.45 
7.80 
8.56 
8.56 
7.67 
7.67 
7.18 
7.52 
7.52 
7.67 
7^52 
8.56 


54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 


18.09 


62 


Bailer 


6.43 


63 


Bailer 


8 62 


6^ 


Bailer 


7 74 


68 


Bailer 


6 58 


69 


Bailer 


7 32 


72 


Bailer 


7 51 


73 


Bailer 


7.28 


76 


Bailer 


5 81 


77 


Baiter 


7.7(» 


220 


Spinner 


7 36 


225 


Spinner 


7 56 


226 


Soinner 


7 91 


243 


Soinner 


7 63 


251 


Soinner 


8 19 


259 


Soinner 


7 63 


261 


Soinner 


7 93 


283 


Soinner 


7 42 


288 


Soinner 


7.40 


203 


Soinner 


7.88 


529 
580 
531 
490 
475 
494 
549 
490 
404 
528 


Preparation hand... 
Preparation hand... 
Preparation hand. . . 
Preparation hand. . . 
Preparation han'i . . . 
Preparation hand. . . 
Preparation hand. . . 
Preparation hand. . . 
Preparation hand. . . 
Preparation hand. . . 


8.85 
8.17 
7.70 
8.17 
7.29 
8.03 
8.03 
8.17 
8.03 
8.17 



I ; 



» 



446 



Appendix II — Repobt of Dibbctob. 



1 I 
I I 



According to analysis of the personal history of one hundred 
night workers in the twine works (the histories taken by Miss 
Gertrude E. Smith and Miss Grace Potter), the wages per week 
to the night workers, according to their pay envelopes, were as 
follows : 

Eleven women, wages from $6 to $6.99; thirty-two women, 
wages from $7 to $7.99; twenty-eight women, wages from $8 
to $8.99; six women, wages from $9 to $9.99; one woman, 
wages, $12. 

Twenty-two women did not work full time. 

Safeguarding of Machines: 

All machines that I inspected in the twine works were properly 
guarded ; all " flyers " of the spinning machines are entirely 
shielded. Collapsible spindles have been substituted for all set 
spindles on balling machines, except on about thirty machines. 
This is done to assist the employees in removing balls from the 
spindles with safety. The company employs two men who are 
known as general safety inspectors, and who travel from plant 
to plant making recommendations as to safeguarding machines. 

Noise : 

There is considerable noise in the operation of the twine works. 
This noise can be heard several hundred feet away from the 
works, and in the spinning and balling rooms, it is very loud. 
This noise, however, is no greater than is commonly found in 
cotton, woolen and other spinning mills. 

LigM: 

The basement is less than nine (9) feet from ceiling to floor. 
The width of the main floor is in some parts ninety (90) feet. 
The light falls through windows which are often covered by 
hemp dust The northern part of the spinning room and the 
places where the balling machines are located, and also the north 
part of the basement are rather dark. Artificial lights must be 
used in these places during the daytime. Electricity is used for 
an artificial illuminant. All lights are provided with shades, 
and lights in the basement have been changed recently from 
60- Watt to 100-Watt lamps. The rule which is gener- 






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« 




^^H 


c 




^^1 


a<-^ 




■ 


s 




■ 


^3 




■ 


C 




■ 


cS 




■ 


t*-i 






^.^ 




H 


0) 






OQ 




^^H 


;-i 




■ 


0) 










■ 


'~ 




H 


-M 




w* 


u 




f 


O 




f 


Cu 






D- 






=3 






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;_ 






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i 


or less thai 
n. 


^^^K '^- 


H 


^ «*i ?w 




■^ 


COMPAN 

a week 
childr 




^ 

V 

d 


five nights 


^^S^^ 


^ 


CO 


^HbHh^^ 




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1 


O 
O 




1 


j eS 
1 en 

1 C 

i 'A 

1 s 

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1 

rhis w 



!l \ 



446 



Appendix II — Report of Director. 



I 



According to analysis of the personal history of one hundred 
night workers in the twine works (the histories taken by Miss 
Gertrude E. Smith and Miss Grace Potter), the wages per week 
to the night workers, according to their pay envelopes, were as 
follows : 

Eleven women, wages from $6 to $6.99; thirty-two women, 
wages from $7 to $7.99; twenty-eight women, wages from $8 
to $8.09; six women, wages from $9 to $9.99; one woman, 
wages, $12. 

Twenty-two women did not work full time. 

Safegvdrding of Machines: 

All machines that I inspected in the twine works were properly 
guarded ; all '' flyers '' of the spinning machines are entirely 
shielded. C oUapsible spindles have been substituted for all set 
spindles on balling machines, except on about thirty machines. 
This is done to assist the employees in removing balls from the 
spindles with safety. The company employs two men who are 
known as general safety inspectors, and who travel from plant 
to plant making recommendations as to safeguarding machines. 

Noise: 

There is considerable noise in the operation of the twine works. 
This noise can be heard several hundred feet away from the 
works, and in the spinning and balling rooms, it is very loud. 
This noise, however, is no greater than is commonly found in 
cotton, woolen and other spinning mills. 

Light: 

The basement is less than nine (9) feet from ceiling to floor. 
The width of the main floor is in some parts ninety (90) feet. 
The light falls through windows which are often covered by 
hemp dust. The northern part of the spinning room and the 
places where the balling machines are located, and also the north 
part of the basement are rather dark. Artificial lights must be 
used in these places during the daytime. Electricity is used for 
an artificial illuminant. All lights are provided with shades, 
and lights in the basement have been changed recently from 
60- Watt to 100-Watt lamps. The rule which is gener- 




( 



I 

1 



} 




a; 



. be 



> :S 



< C 

is 



;= o 



a; 



1^ 



Appendix II — Repoet of Dikectoe. 



447 






II 



J 



» i 



I 



♦ • 



ally followed in mills is to provide half-candle power per square 
foot of floor space, but in the case of the twine mills, this has 
been exceeded, and in the basement of the mill, there is approxi- 
mately eight-tenths candle power per square foot of floor space. 

Diist: 

There is considerable dust in nearly all parts of the mill. This 
dust is caused by the nature of the raw product, hemp. It fills 
the preparing room where the hemp bales are opened and the 
hemp prepared by going through various breakers and spreaders. 
The dust in this department is so thick that the clothes and caps 
of the women are completely covered with it. Since the visit 
of the Factory Investigating Commission, the management has 
been endeavoring to make a contract with some parties who would 
guarantee to remove the dust from the mill with some dust- 
removing machines. A contract has been closed by the manage- 
ment with the Arlington & Curtis Company to install dust- 
removing apparatus for the various machines at a cost approxi- 
mating $10,000. I have seen the contract and a statement that 
the material will be on the premises within two weeks, aad be 
completed within eight weeks from date. Within less than thirty 
days, the management has caused the changing of all windows 
so that they will lower from the top and be raised from the 
bottom. There are also draft boards in all the windows. 

Seats: 

Seats are provided for every woman operating machines in the 
balling department. This is a sliding seat, without back, attached 
to the work bench adjoining the balling machine. In the spin- 
ning department, there has always been one seat for every oper- 
ator operating eight " flyers." At present, there has been pro- 
vided two seats for each set of eight " flyers." In the preparation 
room, there is a seat provided near every machine. 

Water, Washing Facilities, Lockers and Toilets: 

Drinking water tanks, with inside jackets for ice containers, 
and sanitary drinking fountains of the bubble type, are provided 
throughout the plant. 



448 



Appendix II — Repoet of Dieector. 



I 



In No. 2 Spinning Room a new locker room has been installed 
with eightj-five steel lockers, sixteen individual washbowls, sixteen 
looking glasses, sixteen holders supplying liquid soap, two rolls 
daily of paper towels, and two low benches for changing shoes, etc. 

In the Preparing Room there are two men's toilets, four in- 
dividual washbowls, ten closets and twenty-four steel lockers. 
Hot water is provided in working rooms. 

The Engine Room toilet room is equipped with shower bath, 
individual washbowls, tub and closet. 

The new locker room of the Balling Department is equipped 
with 120 double steel lockers, eight looking glasses, eight liquid 
soap holders, two paper towel holders. The toilet room for this 
department has four closets with modem plumbing. The locker 
room connected with the preparation room is equipped with seven 
closets, new type, seat flushing, cement floor, metal partitions 
and doors. All toilets are scrubbed daily. 

Rest and Lunch Rooms: 

A rest room is provided in the basement It is rather dark 

and bady ventilated. The management promises to change the 

location of the rest room to a better place and with better 

equipment. 

A lunch room is provided in the basement. About half of the 
women and men use this lunch room. The other half go for 
their lunch to their homes which are in the immediate neighbor- 
hood. At the time of inspection, the lunch room, walls, ceiling, 
kitchen, tables, etc., were in a very clean condition. Coffee is 
served at the price of one cent per cup, sandwiches at two cents 
each, pie at three cents a cut, tea, fruit, biscuits, etc., at lower 
rates. The management claims that the sale of products in the 
lunch room is at about ^we per cent above the cost price. 

Aprons and Caps: 

Caps are provided to protect the hair of the women workers. 
These caps are made of straw-colored cambric. The management 
now proposes to furnish aprons also to the female employees, free 
of charge. 




Nellie .H- 



CoRDAGE Company, Auburn, N. Y. 
Check No. 959.- This night-worker is a young mother. 



448 



Appendix II — Kepoet of Director. 



I 



In No, 2 Spinning Room a new locker room has been installed 
with eighty-five steel lockers, sixteen individual washbowls, sixteen 
looking glasses, sixteen holders supplying liquid soap, two rolls 
daily of paper towels, and two low benches for changing shoes, etc. 

In the Preparing Room there are two men's toilets, four in- 
dividual washbowls, ten closets and twenty-four steel lockers. 
Hot water is provided in working rooms. 

The Engine Room toilet room is equipped with shower bath, 
individual washbowls, tub and closet. 

The new locker room of the Balling Department is equipped 
with 120 double steel lockers, eight looking glasses, eight liquid 
soap holders, two paper towel holders. The toilet room for this 
department has four closets with modern plumbing. The locker 
room connected with the preparation room is equipped with seven 
closets, new type, seat flushing, cement floor, metal partitions 
and doors. All toilets are scrubbed daily. 

Rest and Lunch Rooms: 

A rest room is provided in the basement. It is rather dark 

and bady ventilated. The management promises to change the 

location of the rest room to a better place and with better 

equipment. 

A lunch room is provided in the basement. About half of the 
women and men use this lunch room. The other half go for 
their lunch to their homes which are in the immediate neighbor- 
hood. At the time of inspection, the lunch room, walls, ceiling, 
kitchen, tables, etc., were in a very clean condition. Coffee is 
served at the price of one cent per cup, sandwiches at two cents 
each, pie at three cents a cut, tea, fruit, biscuits, etc., at lower 
rates. The management claims that the sale of products in the 
lunch room is at about five per cent above the cost price. 

Aprons and Caps: 

Caps are provided to protect the hair of the women workers. 
These caps are made of straw-colored cambric. The manai^ement 
now proposes to furnish aprons also to the female employees, free 
of charge. 




Nellie II- 



C'oKDAOE Company, Auburn, X. Y. 

-, Cheek No. 950.-T1US nigl.t-worker is a young motlu-r. 



r 
^ 



ll I 






ill 




(' 



Cordage Company, Auburx, N. Y. 
Tliis woman works at night and does her washing and all the rest of her 

house work wlien she sliould he sleeping. 



Appendix II — Report of Director. 



449 



I' 



L I 



i 



i 



t 



Heavy Work: 

No women are allowed to pull bales of hemp, as heretofore. 
Special men workers are delegated to do this kind of work. 

Accidents and Sickness: 

A physician visits the mill regularly every day. Two matrons 
^re employed, one by day and the other by night, whose duty 
it is to take care of the health and comfort of the women. These 
matrons also do ordinary first-aid work. 

All employees belong to a benefit association. The manage- 
ment claims that belonging to the association is not compulsory, 
although all of the employees are members. Employees are ex- 
amined by a physician as soon as they are employed. In the 
examination of female employees, the matron is always present. 
A physician visits the mill two or three times a week during the 

night 

All accidents are reported to the foreman, to the matrons, to 
the superintendent, and the inspector of safety. The state law, 
with regard to the employment of women before and after child- 
birth, is being adhered to strictly. 

III. 

In order to make a more thorough investigation of the con- 
dition of the women night workers in this establishment, two in- 
vestigators. Miss Grace Potter and Miss Gertrude E. Smith, 
were sent to the city where the establishment is located. These 
investigators have visited the works a number of times during 
the day, and frequently at night, have held conversations with 
the women night workers, and have taken the personal histories 
of one hundred of them. Most of the work of taking the histories 
was done by Miss Smith, with the assistance of Miss Potter, who 
also took photographs. 

The following is an example of the history schedule which 
was given to the investigators to be filled out: 

Name; 

Street and number; 

Nationality ; 



vtf l.ll - I ». 



Appendix H — Report of Dieectoe. 



449 



i i 



^ 



I! 



I 



Heavy Work: 

No women are allowed to pull bales of hemp, as heretofore. 
Special men workers are delegated to do this kind of work. 

Accidents and Sickness: 

A physician visits the mill regularly every day. Two matrons 
are employed, one by day and the other by night, whose duty 
it is to take care of the health and comfort of the women. These 
matrons also do ordinary first-aid work. 

All employees belong to a benefit association. The manage- 
ment claims that belonging to the association is not compulsory, 
although all of the employees are members. Employees are ex- 
amined by a physician as soon as they are employed. In the 
examination of female employees, the matron is always present. 
A physician visits the mill two or three times a week during the 
night. 

All accidents are reported to the foreman, to the matrons, to 
the superintendent, and the inspector of safety. The state law, 
with regard to the employment of women before and after child- 
birth, is being adhered to strictly. 

III. 

In order to make a more thorough investigation of the con- 
dition of the women night workers in this establishment, two in- 
vestigators, Miss Grace Potter and Miss Gertrude E. Smith, 
were sent to the city where the establishment is located. These 
investigators have visited the works a number of times during 
the day, and frequently at night, have held conversations with 
the women night workers, and have taken the personal histories 
of one hundred of them. Most of the work of taking the histories 
was done by Miss Smith, with the assistance of Miss Potter, who 
also took photographs. 

The following is an example of the history schedule which 
was given to the investigators to be filled out: 

Name; 

Street and number; 

Nationality ; 



f 



V 



450 Appendix II — Report of Dieectob. 

How long in the United States ; 

Age; 

Single, married, widowed; 

Children living; 

Ages ; 

Children dead; 

Ages ; 

Number of pregnancies since working; 

Number of children bom since working; 

Doctor ; 

Midwife ; 

Time loss at each birth; 

History of abortions; 

Time loss at each abortion; 

Apparent weight; 

Apparent height; 

Apparent anaemia; 

Headache ; 

Backache ; 

Periods ; 

How long at work ; 

Nature of work; 

Sitting ; 

Standing ; 

Carrying ; 
Hours of work; 

Nightly ; 

Weekly ; 

Monthly ; 
Piece ; 
Time; 

Presence of dust; 
Presence of noise; 
Temperature ; 
Number of accidents; 
History of accidents; 
Time spent at lunch; 
Food; 











Cordage Company, Auburn, N. Y. 
Mrs. P , the oldest worker in the twine shop, now doing night-work. 



450 



Appendix II — Report of Dieectob. 



How long in the United States ; 

Age; 

Single, married, widowed; 

Children living; 

Ages; 

Children dead; 

Ages; 

jWimber of pregnancies since working; 

Xiiniber of children born since working; 

Doctor ; 

Midwife ; 

Time loss at each birth ; 

History of abortions; 

Time loss at each abortion; 

Apparent weight; 

Apparent height; 

Apparent anaemia; 

Headache ; 

Backache ; 

Periods ; 

How long at work ; 

Nature of work; 

Sitting ; 

Standing; 

Carrying; 
Hours of work; 

Nightly; 

Weekly ; 

Monthly; 
Piece ; 
Time; 

Presence of dust; 
Presence of noise; 
Temperature ; 
Number of accidents; 
History of accidents; 
Time spent at lunch; 
Food; 




Mrs. p- 



CoRDAGE Company, Aubtrn, X. Y. 
-, the oldest worker in tlie twine shop, now doing iiiglit-woik. 




CoRDACJE Company, Aubukn, N. Y. 

When mother works nights at the company the little ones learn to keep 

quiet out doors wliile she is sleeping in the day time. 



Appendix II — Rbpobt of Dieectob. 



451 



t 



i 



), 



i 



Where eaten; 

Wages ; 

Distance between factory and home; 

Walk or ride to and from work ; 

Who prepares breakfast ; 

Who prepares dinner; 

Who prepares supper; 

Who does housework; 

Who does washing; 

Hours of sleep; 

Where does she sleep ; 

Where husband works; 

What he does ; 

Hours; 

Wages ; 

Health ; 

Number of children working; 

Earnings of each child; 

Combined earnings of family; 

Daily; 

Weekly ; 

Monthly ; 
Reasons for working; 
Kemarks ; 

Analysis of the Histories of 100 Women Night Woekees. 

(1) Nationality: 

Of the one hundred cases investigated, 95 were Polish, 3 were 
Ruthenians, and 2 Irish-American. 

(2) Length of Time in the United States: 

Two were bom in the United States, 2 had lived here less than 
22 years, 4 less than 19 years, 11 less than 14 years, 51 less than 
9 years, 25 less than 4 years, and 5 less than 1 year. 

(3) Ages: 

One was over 55 ; 3 under 20 ; 17 between 30-40 ; 80 between 
20-30. 



*'a 



452 



Appendix II — Report of Director. 






'' ! 



(4) Conjugal Condition: 

Seventy-seven were married, 18 were single, and 5 widowed. 

(5) Children: 

There was 97 babies whose mothers were doing night work. 
Of the 82 (married or widowed) night workers, 75 had children 
One woman had 11; 22 had but 1. 

(6) Ages of Children: 

Eight were over 15, 15 over 10, 43 over 5, 73 over 1, and 24 
less than 1 year old. 

( 7 ) Pregnancies : 
Two children h„e bem b«r« ri,„ night work began thi, »„. 

hXT.U::.'"^'"' •' "• "" •' ^- '"»"«•«»= " 

(8) Morbidity: 

The average weight for 90 per cent of those questioned was 
between 125 and 135 pounds; 62 were anaemic, 57 complained 
of backache, 53 of headache. Menstruation regular in 76 ca'es 
24 not regular (8 pregnant) ; 10 had nursing baWes. 

(9) Nature of Work: 

All operatives worked standing; 48 of the women worked in 
die sp.„n,„g room, 30 in the balling, 22 in the preparation room, 
and as inspectors and instructors. 

All of those examined stated that the workrooms were dusty 
and, with the exception of 7 or 8, they characterized the tem- 
perature as "hot." The total number of accidents from 
December, 1911, to July, 1912, was 22. 

(10) Night Lunch Period: 

When the investigators first visited the place of work they 
found that as the machinery was left running the women took 
just enough time at midnight to hurriedly swallow a little 
food, or, as they expressed it, " time to drink a cup of coffee " 
At present the operatives are granted a half-hour period for 
midnight luncL This was a new order issued after tL investi- 
gation by the Commission, according to the statement of 95 per 




Cordage Company, Auburn, N. Y. 
A night-worker photograpliod on the street about 8 a. m. with her two 

children. 






452 



Appendix II — Report of Director. 



'rl 



(4) Conjugal Condition: 

Seventy-seven were married, 3 b were single, and 5 widowed. 

(5) Children: 

There was 97 babies whose mothers were doing night work. 
Ol the 82 (rnarned or widowed) night workers, 75 had children. 
One woman had 11; 22 had but 1. 

(6) Ages of Children: 

Eight were over 15, 15 over 10, 43 over 5, 73 over 1, and 24 
less than 1 year old. ' 

(7) Pregnancies: 

Two children have been born sinee night work began this year. 
E,ght women were pregnant at the time of the investigation ; no 
history of abortions. 

(8) Morbidity: 

The average weight for 00 per cent of those questioned was 
between l^o and 135 pounds; 62 were anaemic, 57 complained 

24 it r ; .; "'"'." Menstruation regular in 76 cases, 
24 not regular (8 pregnant) ; 10 had nursing babies. 

(9) Nahire of ^Yorlc: 

All operatives worked standing; 48 of the women worked in 
the sp„„u„g room, .30 in the balling, 22 in the preparation room, 
and as insi)cctors and instructors. 

All of those examined stated that the workrooms were dustv 
and, with the exception of 7 or 8, they characterized the tem- 
perature as "hot." The total number of accidents from 
December, 1911, to July, 1912, was 22. 

(10) Night Lunch Period: 

When the investigators first visited the place of work they 
found that as the machinery was left running the women took 
just enough time at midnight to hurriedly swallow a little 
food, or. as they expressed it. « time to drink a cup of coffee " 
At present the operatives are granted a half-hour period for 
midnight hincL This was a new order issued aft*r the investi- 
gation by the Commission, according to the statement of 95 per 



.1 



If 
f 







Coui)A(jE Company, Alburn, X. Y. 
A niglit-woikcr i)liotograi)lio«l on tl.o street about 8 a. m. with her two 

children. 




N'ictoria H — 



CoHDACiK Company, Ann hx, \. Y. 

C'lu'ck X<>. lO.S.'J. — "Has l)aekiulK' so slie can't .sleep' 
sonu'tinu's." 



il 



Appendix II — Report of Dieectok. 



453 



f' 



I 



if 



.1 1 



cent of the workers. The food consists of coffee and sandwiches, 
or coffee and cookies. About 10 per cent of the number said 
they brought their night lunch with them; the rest bought cookies 
and sandwiches at the lunch room counter. In all cases food is 
eaten in the regular lunch room. 

(11) Hours of Sleep: 

The women with families averaged about 4^/^ hours sleep a day. 
The hours of sleep varied with the individual. Some slept an 
hour or two in the morning and for a time in the afternoon; 
others slept at intervals of about an hour each during the day. 
They all slept in bedrooms which had been occupied during the 
night by husband and children. 

(12) Wages: 

One received $12 a week, 6 from $9 to $10 a week, 28 from 
$8 to $8.99, 32 $7 to $7.99, 11 $6 to $6.99, 23 received a varying 
wage, so that an average could not well be fixed. 

(13) Work in the Home: 

All the women with families did their own housework; they 
prepared three meals a day, including breakfast, after a night's 
work. They also did the washing for the family. 

(14) Reasons for Working, and Remarks: 

When questioned about their reasons for working, the usual 
reply was, " To help take care of my family," " To save money 
to buy a home,'' and " To dress my children right" 

'No. 2. S. S says : " But the standing is so hard. If 

we only had five minutes to sit down; but the machine keeps 
going and the hemp piles up, so we can't think of sitting down." 

No. 4. Mrs. C. S and her children, pasty, pale and sick- 
looking : " Mother left her work in the spring because baby was 
sick. She wants to stay home all the time and care for her 
babies, but she must get back to work soon. They can get along 
without care, but they have to have food." 

No. 5. When Mrs. P was widowed she tried washing, 

and it was too hard, so she went to the factory. She put the 
two older children in an orphan asylum, where she supplied 



454: 



Appendix II — Repobt of Dibectob. 



their clothes, but did not pay board. When they were 13 years 
old she took them out. She says people in Poland do not have 
to work so hard to make a living. They live till they are very 
old there. " Here we are old when we are young." Says she 
is the oldest woman working in factory and has worked there 
longest. 

No. 6. N". W is working to get money to go to house- 
keeping or back to the old country. Wants to work at night on 
account of her baby which she is nursing. She is sweet-natured 
and intelligent. 

Xo. 9. K. F works because she needs the money. She 

asked to do night work on account of child. She is exceptionally 
intelligent. 

No. 12. The health of R. S.'s husband is poor. She worked 
to make it easier for him. Found the work too hard and left 
after working four months. This woman is intelligent and willing 
to talk about work, which she says is too hard for " any woman 
that ain't a horse." 

No. 16. A. C , single, has asked twice to be given day 

work. Was told she must " work nights " if she worked at all. 

No. 17. N. D worked at night so as to leave baby with 

husband. She has bought two work knives (10 cents apiece). 

No. 20. K. W works irregularly. She works at night so 

as not to have to pay for having child taken care of during day. 

No. 21. N. T wants to work at night so as to care for 

house during day and take care of children. Investigator asked 
how long she intended to work, being pregnant. Replied: " Oh, 
I'll be all right in a day or two." Would not explain further. 

No. 23. R. M has no children. She thinks she ought to 

earn money while young. Had rather work at night, as time 
goes quicker working five nights a week. Thinks day work 
harder. 

No. 24. M. L would rather work days, but can't get 

any one to ask for her. Is unable to speak any English. 

No. 25. A. K 's eyes bother her since working. " They 

feel sore," she says. Has bought six knives since working nights 




1 



11 






Cordage Company, Alburn, N. Y. 
The smaller boy in the picture walked too soon and will always be bow- 
lejfged. His mother is a night-worker and when she isn't busV with the 
cookmg, cleaning or washing in the day time, she has to sleep. 



454 



Appendix II — Repoet of Directoe. 



their clothes, but did not pay board. When they were 13 years 
old she took them out. She says people in Poland do not have 
to work so hard to make a living. They live till they are very 
old there. "Here we are old when we are young." Says she 
is the oldest woman working in factory and has worked there 
longest. 

"No. 6. IN". W is working to get money to go to house- 
keeping or back to the old country. Wants to work at night on 
account of her baby which she is nursing. She is sweet-natured 
and intelligent. 

Xo. 9. R. F works because she needs the monev. She 

asked to do night work on account of child. She is exceptionally 
intelligent. 

Xo. 12. The health of E. S.'s husband is poor. She worked 
to make it easier for him. Found the work too hard and left 
after working four months. This woman is intelligent and willing 
to talk about work, which she says is too hard for " any woman 
that ain't a horse." 

Xo. 16. A. C , single, has asked twice to be given day 

work. Was told she must " work nights " if she worked at all. 

No. 17. N. D worked at night so as to leave baby with 

husband. She has bought two work knives (10 cents apiece). 

Xo. 20. K. W works irregularly. She works at night so 

as not to have to pay for having child taken care of during day. 

No. 21. N. T wants to work at night so as to care for 

house during day and take care of children. Investigator asked 
how long she intended to w^ork, being pregnant. Replied : " Oh, 
I'll be all right in a day or two." Would not explain further. 

No. 23. R. M has no children. She thinks she ought to 

earn money while young. Had rather work at night, as time 
goes quicker working five nights a week. Thinks day work 
harder. 

No. 24. M. L would rather work days, but can't get 

any one to ask for her. Is unable to speak any English. 

No. 25. A. K 's eyes bother her since working. " They 

feel sore," she says. Has bought six knives since working nights 




\\ 



CouDAGE Company, Auburn, X. Y. 
'llu' .smaller boy in the picture walked too soon and will always be bow- 
h"^iliH\. Ills niotlier is a niorht-worker and when she isn't busy with the 
(•(Miking, cleaning or washing in the day time, she has to sleep. 



tV 



Ml 



1 




i 



1 



CoitDAGE Company, Auburn, N. Y. 
Children of factory workers on the street. 



) 




I 



Appendix II — Report of Director. 



455 



(at 10 cents each). Some "stolen," some "broken," and one 
" lost.'' 

No. 28. K. M doesn't care whether she works nights or 

days; was told to do night work. Has had five knives since 
working. 

No. 35. J. K 's husband was out of work six months, 

therefore " she had to make money." Would rather work nights. 
Bought two work knives since December, 1911. 

No. 45. S. G wants to do night work on account of 

children, as she would have to pay to have them looked after 
during day. Home destitute in appearance. 

No. 47. N. D wants to do night work on account of 

baby. Has boarders now who pay $3 a month for room and 
washing. 

No. 51. M. B would rather do day work, but " boss " 

told her she must work at night. 

No. 52. C. Q didn't have a good machine, so asked for 

night work, thinking she would get a better machine. Girl w.4S 
asleep when investigator called. She was covered with flies and 
was lying on a dirty bed in front room of house in which there 
was a sewing machine that a woman was running. This did not 
seem to disturb the girl in the least — nor the flies. 

No. 53. S. G didn't want to do night work, but was told 

she must transfer from day work or she would lose her job. She 
would .ike to get back to day work. She didn't use to get so 
tired when she did day work. " But a girl must mind the boss." 

No. 55. V. B says : "I want to work nights so I can be 

home with the children in the day. If I didn't work in the 
factory I should have to work in a hotel two or three days a 
week." 

No. 56. N. T hopes her husband will get well so she can 

stay at home. " He was well and strong when he began to work 
at the factory; he weighed 180 poimds. Worked one year; then 
sick; weighs now 130 pounds." She is nursing her baby now, 
and would rather work at night so that she can feed the baby 
in the daytime.